야간건조물침입절도등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for a term of one year and two months.
evidence of seizure.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;
2. The fact that the defendant had a criminal record of the same kind, the amount of direct damage caused by the defendant's crime is significantly high, and the amount of damage is increased to recover from the crime, and the fact that the defendant has not made an agreement with a considerable number of victims even though he/she has endeavored to recover damage, is disadvantageous to the defendant.
However, the defendant agreed with PP of the victim in the court below, and it is favorable to the defendant that the defendant made efforts to recover damage, such as the victim F and the victim's side of the crime No. 2 in the crime list No. 2 in the court below's judgment.
In full view of the above circumstances, the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed unreasonable.
3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.
[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of
Application of Statutes
1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 ( point of larceny at night), 342 and 330 ( point of attempted larceny of night buildings) of the Criminal Act, Article 329 ( point of thiefing) of the Criminal Act, Articles 342 and 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, Article 319 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of imprisonment, and Article 347 (1) of the Criminal Act, which are applicable to the preparation of a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Confiscation Article 48(1) of the Criminal Act