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(영문) 대구지방법원 2013.11.14 2013노2578
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The sentence imposed by the court below (three years of imprisonment) is too unreasonable.

2. The Defendant had several records of protective disposition against women and criminal punishment due to theft crimes, and committed each of the instant offenses at the same time during the period of repeated crimes.

The defendant temporarily used another person's vehicle or stolen another person's property without permission on four occasions, while driving a stolen vehicle without a driver's license, which caused a traffic accident, and even driving under the influence of alcohol.

Until the trial of the case, the victim of the traffic accident was not recovered from the damage, the agreement was not reached, and the victims of the theft did not agree with the victims E, excluding the victims.

However, the defendant has led to the confession of the crime and the depth of the crime not to repeat the crime.

A significant portion of theft damage was returned to victims.

In full view of the fact that the Defendant’s execution of punishment was completed on October 2010, and that the Defendant was committed with due care for about one year and eight months, and that the Defendant’s wife was defeasible to commit each of the crimes of this case, and that all of the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, are unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of facts and evidence recognized by the court is the same as the statement in each corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-3(1)2 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 268 of the Criminal Act, Articles 148 and 54 of the Road Traffic Act concerning criminal facts.

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