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(영문) 청주지방법원 2018.06.01 2018노243

야간주거침입절도미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than five months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the Defendant recognized and reflected the instant crime and that all the victims of the instant case agreed smoothly with each other.

2. The crime of this case was committed at the same time and at the same time by intrusion upon two victims' residence, theft of the victims' property, theft of the remaining victim's property, and damage the free will of the vehicle, and then theft is committed against the attempted larceny. It is not only the larceny act but also the crime of larceny, such as intrusion into the residence without chest, damage to the vehicle, etc. It is very poor that the defendant committed the crime of this case during the period of repeated crime due to the same criminal record.

However, in full view of the fact that the defendant recognized all of the crimes of this case and reflected against the victim's H at the investigation stage, the agreement with the victim's H was submitted in this court, and all of the victims now do not want to be punished by the defendant, and the court below's punishment is too unreasonable, considering all the sentencing conditions of this case, such as the defendant's age, sex, environment, motive, circumstance, means and consequence of the crime, and the circumstances after the crime.

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 with merit, and the judgment below is reversed and it is again decided as follows

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 342 of the Criminal Act and Articles 342 and 330 of the Criminal Act concerning criminal facts, the choice of punishment, and Articles 342 and 342 of the Criminal Act.