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(영문) 대구지방법원 2016.06.08 2016노1264

야간주거침입절도등

Text

The judgment below

Part other than the costs of lawsuit shall be reversed.

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

(b).

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant committed the crimes of this case repeatedly in spite of the fact that he/she had been sentenced to a fine not more than six times of punishment for the same kind of crime, and that he/she did not return damage, and that he/she did not agree with the victims.

However, the Defendant was sentenced to a fine of KRW 100,00 for a violation of the Act on the Establishment of Local Reserve Forces in 1988 and did not have any particular record of crime until 2015, which led to the Defendant’s conviction, and all of the crimes committed in the past and in depth, and the amount of damage was a relatively small amount of KRW 56,700 in total, and the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, and all of the sentencing conditions specified in the instant pleadings, such as the circumstances after the commission of the crime, are deemed to be unfair because the sentence imposed by the lower court is too unreasonable.

3. According to the conclusion, the part of the judgment below excluding the costs of lawsuit among the judgment below shall be reversed pursuant to Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following is again decided after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by this court is as follows: (a) the summary of the evidence of the judgment below (2015 order 4166 order 2015 order 4166) part 1 order “K” as “M” is the same as the corresponding column of the judgment of the court below; and (b) thus, it is acceptable in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning criminal facts, Article 330 of the Criminal Act (the point of larceny at night), Article 329 of the Criminal Act (the intention of Section 329), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment) of the Criminal Act;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with the punishment prescribed for larceny at night with the largest degree of the offense)

1. Article 62(1) of the Criminal Act (the foregoing) provides for the suspension of execution.