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(영문) 인천지방법원 2015.06.11 2015노1318

상습절도

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The fact that the defendant led to confession and reflects by the judgment. Some of the crimes of this case are committed, and the amount of damage is relatively large compared to the total number of crimes, and the victims do not want punishment against the defendant is more favorable. It is more favorable that the defendant committed a crime in approximately two weeks after release, which constitutes a repeated crime, the frequency of the crimes is large, and the crime is very poor in light of the correction device or windows and intrudes upon them at night, and the fact that the defendant committed the crime of this case again three times or more due to the same kind of crime, despite the fact that the defendant committed the crime of this case.

In full view of these circumstances and the defendant's age, character and conduct, environment, motive, means, methods and results of the crime of this case, and the conditions of sentencing as shown in the records and arguments, it is judged that the sentence of the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article of the Criminal Act, Articles 332, 342, 329, 330 and 331 (1) of the Criminal Act concerning the selection of criminal facts, and the choice of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;