(영문) 대전지방법원 2014.11.20 2014노2089 | 리걸엔진

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(영문) 대전지방법원 2014.11.20 2014노2089

특수절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one hundred months of imprisonment, a short-term six months of imprisonment) is too unreasonable.

2. Ex officio determination of the Defendant was made on July 20, 1995, and it is apparent that the Defendant was a juvenile under Article 2 of the Juvenile Act at the time of the pronouncement of the lower judgment, but it did not constitute a juvenile at the time of the trial. Thus, the lower court’s judgment that sentenced the Defendant to an irregular sentence was no longer able to maintain it.

3. Therefore, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again decided as follows.

【Reasons for the Judgment of multiple times】 The criminal facts against the defendant recognized by the court and the summary of the evidence are the same as stated in the corresponding column of the judgment of the court below. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 331(2) and (1) of the Criminal Act, the choice of punishment for a crime, Article 331(2) and (1) of the Criminal Act, Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, and Article 366 of the Criminal Act (the point of causing damage to joint property, and the choice of imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) the Defendant recognized all of the instant crimes and committed a mistake in depth; (b) the Defendant agreed to have the victim of a stolen vehicle and deposited 50,000 won to the J of the victim of a stolen vehicle; (c) the Defendant agreed to deposit 50,000 won to the victim of the thief; (d) the Defendant agreed to the F of the thief in the first instance; (e) the Defendant still reached an agreement with the F of the victim of the thief; and (e) the Defendant committed the instant crime during the period of suspended execution due to the thief; and (e) the Defendant received juvenile protective disposition for

참조조문

-소년법 제2조

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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