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(영문) 대전지방법원 2020.12.23 2020노3497
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant, who was under the suspension of execution due to larceny, such as the instant case, committed repeatedly each of the instant larceny, even though the nature of the crime is less than that of the Defendant, the Defendant’s punishment is too unreasonable in light of the following circumstances: (a) although the Defendant was committed repeatedly at the same time; (b) the Defendant was committed with the entire facts of each of the instant offenses; (c) the Defendant was in a profoundly against the mistake; and (d) the health condition was not good; and (d) the victims were simply agreed with the victims at the lower court and the trial; and (d) the victims were not subject to punishment against the Defendant; and (e) the victims were committed with the victim’s age, occupation, character, character, environment, family relationship, motive and background of the offense, means and consequence of the offense; and (e) the circumstances after the commission of the offense.

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.

【Discied Judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting the offense and summary of evidence, and thus, the gist of evidence is identical to each corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369

Application of Statutes

1. Relevant Article 329 of the Criminal Act, Articles 329 of the Criminal Act, Article 239 (1) of the Criminal Act, Article 239 (2) and Article 239 (1) of the Criminal Act for the crime;

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

1. Article 62 (1) of the Criminal Act;

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