(영문) 대구지방법원 2015.02.13 2014노3128 | 리걸엔진

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(영문) 대구지방법원 2015.02.13 2014노3128

특정범죄가중처벌등에관한법률위반(절도)

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One cuter (No. 2) seized shall be confiscated.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. In the trial of the competent court, the prosecutor applied for amendments to a bill of amendment of the Act on the Aggravated Punishment, etc. of Specific Crimes with regard to the name of the defendant as "Habitual thief," and the applicable provisions of the relevant part of the Act on the Aggravated Punishment, etc. of Specific Crimes with regard to the applicable provisions of Articles 5-4 (1) and 329 of the Criminal Act as "Articles 332 and 329 of the Criminal Act". Since the judgment of the court was changed by permission,

3. Accordingly, the court below's decision is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without a need to decide on the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in each 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. Relevant Articles of the Criminal Act and Articles 332 and 329 of the Criminal Act concerning the facts constituting an offense (or, collectively, the choice of imprisonment);

1. The reasons for sentencing under Article 48(1)1 of the Criminal Act include: (a) the Defendant recognized all of the instant crimes and reflects them; (b) the Defendant deposited KRW 11.8 million for the victim in the trial to reach the trial; and (c) the Defendant did not have any criminal record exceeding the suspension of execution; (c) however, the instant crime was committed by the Defendant for a considerable period of not less than 23 times; (d) the Defendant habitually stolen approximately 850 meters of electric wires owned by the victim; and (e) the nature of the relevant crime is not easy; (e) the Defendant had the record of being punished once for the same crime; and (e) other unfavorable circumstances such as the Defendant’s age, character and conduct, environment, motive and background of the instant crime; and (e) the motive and background of

참조조문

-특정범죄 가중처벌 등에 관한 법률

-특정범죄 가중처벌 등에 관한 법률 제5조의4 제1항

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