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(영문) 청주지방법원 2020.05.07 2020노152
특정범죄가중처벌등에관한법률위반(절도)
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The judgment of the defendant has been punished several times due to theft crimes, and there are unfavorable circumstances, such as the fact that the crime of this case was committed on about three months after the defendant was released from prison, and the nature of the crime is inferior, and the damage to the victims has not been recovered properly.

However, there are favorable circumstances, such as the fact that the Defendant is against the Defendant, and the Defendant seems to have reached the instant crime due to poor difficulties, and that the amount of damage in this case is not so significant, and that the Defendant sent out a fluent city and did not receive proper assistance from his parents and others, but it seems that there is room for improving character and behavior at the age of 23 years old.

In addition, taking into account the following factors, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime was committed, the sentence of the lower court is too unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

[Discied Reasons for Judgment] Criminal facts and summary of evidence recognized by the court is identical to that of the judgment below, and thus, it shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Article 330 and Article 35 of the Criminal Act (including the crime of larceny and the punishment for repeated offense as part of the constituent elements) regarding the statutory punishment including the relevant criminal facts and Article 5-4(5)1 of the Act on the Aggravated Punishment, etc. of Specific Crimes for which the choice of punishment is made; Article 35 of the Criminal Act

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

1. Reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Sentence;

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