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(영문) 대전지방법원 2020.02.05 2019노2474
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (two years of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. Determination of unfair sentencing by the public prosecutor and the defendant are also examined.

The fact that the defendant is aware of and reflects his mistake, and is experiencing economic difficulties is favorable to the defendant.

However, in light of the background, method, frequency, etc. of the crime, there has been a very bad punishment of the crime, including imprisonment for the same kind and different types of crime, and in particular, there is a lack of compliance consciousness, such as repeated committing each of the crimes of this case during the repeated crime period for the same crime, and the risk of repeating the crime is judged to be high, and the victims are many victims, and victims' damages have not been recovered, considering the circumstances unfavorable to the defendant, and all other sentencing conditions specified in the records and arguments of this case, it is deemed that the punishment imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

(3) Article 369 of the Criminal Procedure Act provides that “The appeal of the defendant shall not be dismissed unless the appeal of the defendant is justified, but the appeal of the defendant is accepted by the prosecutor and the decision of the court below shall not be dismissed.”

Application of Statutes

1. Article 329 of the Criminal Act, Article 342 of the Criminal Act, Article 329 of the Criminal Act, Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 329 of the Criminal Act, and Article 347 of the Criminal Act concerning the crime.

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