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(영문) 서울중앙지방법원 2018.04.06 2017노4845

야간건조물침입절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

Sentencing Criteria [Scope of Violation by Law] 7 years and 6 months: Imprisonment with prison labor for a thief; Imprisonment with prison labor for at least 4 types of theft against general property among the thief groups: Obstruction of duties: From among the thief groups: Crimes of intrusion into a house and larceny: From among the crimes of interference with one's duties: Crimes of intrusion into a house: 4 types of theft against general property among the thief groups (it shall not be treated as multiple crimes): Offenses of destruction of property, each of which the sentencing guidelines are not applicable: One type of crime of intimidation among crimes of destruction: Imprisonment with prison labor for at least six years; Imprisonment with prison labor for each category of crime of intimidation; (2) Crimes of intrusion into a house in the military without prison labor for at least six months; and (3) Crimes of intrusion into a house in the territory of crimes of larceny; (4) Crimes of interference with physical or physical mitigation of a building in the territory of crimes of violence; (1) Crimes of intrusion into a place other than indoor space; and (2) Crimes of mitigation of mental or physical mitigation of a victim.