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(영문) 수원지방법원 2014.08.28 2014노3211
야간건조물침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

【Judgment on Grounds for Appeal】

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant had been subject to criminal punishment several times, and that the instant crime was committed during the period of repeated crime, the nature of the instant crime is not good in light of the background and method of the criminal act that stolen money by intrusion at night in his/her workplace, and that the Defendant refused summons at the lower court and was tried by service by public notice, it is inevitable to sentence the Defendant to a sentence of imprisonment.

However, the court below's punishment is too unreasonable in light of various sentencing factors indicated in the instant case, such as the Defendant's age, character and conduct, occupation and family environment, background and result of the crime, and circumstances after the crime, etc., when comprehensively considering the following facts: (a) the Defendant made a confession of all the crimes; (b) the Defendant recognized the crime on the following day of the instant crime; (c) actively cooperated with the investigation agency; (d) the amount of damage was relatively small; and (e) the victim did not want the punishment by mutual consent with the victim.

3. The judgment of the court 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.

[Reasons for the decision to see] 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 of the court below. Thus, it is citing it as it is in accordance

Application of Statutes

1. Article 330 of the Criminal Act applicable to the crime;

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

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