야간주거침입절도
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
However, the above punishment for a period of two years from the date this judgment became final and conclusive.
1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.
2. We examine the judgment, and the Defendant recognized the mistake of the instant case in the first instance, and was in depth divided.
The defendant deposited 1.5 million won as a victim in the trial of the party with the victim as a victim.
The Defendant had been detained on May 30, 2017 and detained for about three months on May 30, 2017, and had sufficient opportunity to return his/her life and to reflect the instant crime.
I seem to appear.
In light of the above circumstances, considering the Defendant’s age, sex, occupation, family relationship, environment, motive, background, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable.
3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable, and the judgment below is reversed and it is ruled again as follows.
[Re-written judgment] The criminal facts against the defendant recognized by the court and the summary of the evidence are identical to the facts stated in the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 330 of the Criminal Act applicable to the crime and Article 330 of the option of punishment;
1. The reasons for sentencing under Article 62(1) of the Criminal Act (the circumstances favorable to the defendant among the reasons for reversal as above) include the fact that the defendant repents his mistake in depth, the fact that the victim was deposited as a person under solicitation and deposited 1.5 million won as a person under solicitation, and other favorable circumstances, and all of the sentencing conditions as prescribed by Article 51 of the Criminal Act, shall be determined as per the order.
It is so decided as per Disposition for the above reasons.