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(영문) 대구지방법원 2017.01.25 2016노5017
특수절도교사등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with labor for a maximum of one year and four months, and Defendant B shall be punished by imprisonment for a maximum of ten months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each of the punishments (Defendant A: imprisonment with prison labor for a maximum of one year and six months, a short of one year and six months, and Defendant B: a maximum of one year and two months and ten months) declared by the court below is too unreasonable.

2. It is recognized that Defendant A committed each of the crimes of this case without being aware of the record of juvenile protective disposition 13 times as the same crime, the probation period once suspended execution, even though he had been subject to punishment on the same crime, Defendant B had the record of having received juvenile protective disposition several times due to the same crime, etc., Defendant A induced Defendant B, etc. to commit the crime of this case, took profits therefrom, Defendant B had an interview with the method of committing the crime of this case, and Defendant B did not agree with the victim K and N.

However, the defendants divided their mistakes as juveniles, the profits gained from each of the crimes of this case seems not to be significant, the defendant Eul committed an attempted crime against the victim K, and the profits gained from each of the crimes of this case seems not to be significant. The defendants paid part of the amount of damage to the victim H when they were in the trial, and agreed with the victim H, and considering all of the sentencing conditions in the arguments of this case, such as the defendants' age, sex, environment, motive, means and consequence of each of the crimes of this case, and circumstances after the crime, it is recognized that each of the punishments imposed by the court below against the defendants is too unreasonable.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is with the exception of the lower judgment’s failure [2016 senior group 3793 senior group 3793] part 2-2 senior group 2-3 senior group “the Defendants” as “F”.

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