beta
(영문) 서울동부지방법원 2017.08.10 2017노667

야간주거침입절도등

Text

The judgment below

Of the crimes of No. 1 of the judgment of the court below, the crimes of No. 8 through No. 18 and the crimes of No. 2 of the judgment of the court.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that the court below's each punishment sentenced by the defendant (two months of imprisonment with prison labor for the crimes of two months and eight or more per annum for the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the crimes of the above judgment of the court below) is too unreasonable.

B. Each sentence imposed by the prosecutor by the lower court is too unfortunate and unreasonable.

2. The judgment of the court below is recognized to be contrary to all of the facts charged in this case, but if the defendant repeats again despite the fact that he had the record of punishment, such as punishment due to larceny, and the defendant's age, sex, family environment, the circumstances and result of the crime in this case, etc., and considering all of the sentencing conditions stated in the arguments in this case, such as the defendant's age, sex, family environment, the circumstances and result of the crime in this case, etc., the punishment for the crimes in No. 8 or No. 18 of the List of Crimes No. 1 in the judgment of the court below and each punishment for the crimes in No. 2 in the judgment of the court below is deemed to be unfair as it is somewhat una

3. In conclusion, among the prosecutor's appeal, the sentence against the crimes No. 8 through No. 18 of the List of Crimes No. 1 in the judgment of the court below and the sentence against the crimes No. 2 in the judgment of the court below among the crimes No. 1 in the judgment of the court below are with merit. Thus, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant and the prosecutor's appeal against the crimes No. 1 through No. 7 in the List of Crimes No. 1 in the judgment of the court below are without merit, and all of them are dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are 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. Relevant Articles of the Act concerning the facts constituting the crime;