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(영문) 대구지방법원 2013.11.07 2013노2922
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for three and a half years, and by imprisonment for three years, respectively.

Reasons

1. In light of the fact that the summary of the grounds for appeal is against the Defendants, the punishment imposed by the lower court against the Defendants (four years of imprisonment) is too unreasonable.

2. In light of the method and frequency of the instant crime and the number of damages, etc., the fact that the nature of the instant crime was extremely poor, the Defendants failed to agree with the victims and failed to recover damages, and the Defendants committed the instant crime without being aware of the fact that they committed the instant crime without being aware of it, even though it was a repeated crime due to the previous violation.

However, there are more favorable circumstances such as the fact that the defendants recognized the mistakes and are against the law, and that the economic situation of the defendants is not good.

In this context, considering the various circumstances shown in the records and arguments, the sentence imposed by the court below against the Defendants is somewhat inappropriate.

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

Criminal facts

The summary of the facts charged and the evidence recognized by the court are as stated in the corresponding column of the judgment of the court below, and thus they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4 (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 331 (2) and 342 of the Criminal Act, and the choice of limited imprisonment for a crime;

1. The proviso to Article 35 and the proviso to Article 42 of the Criminal Act among repeated offenders;

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