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(영문) 인천지방법원 2013.10.11 2013노2206
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. In light of the following facts: (a) the Defendant was sentenced to punishment for the same kind of crime, (b) the Defendant was sentenced to punishment for a single sentence, a single suspended sentence, etc.; and (c) the Defendant committed each of the instant crimes without being aware of it during the repeated crime period; and (b) the Defendant was still unable to agree with the victim E, the need for a strict punishment for the Defendant is recognized.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes and against his mistake; (b) the amount of damage is relatively low; (c) the damaged goods were returned to the victim E; (d) the Defendant reached an agreement with the victim K; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, it is determined that the original sentence imposed on the Defendant is somewhat unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 346 (6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 330 of the Criminal Act that apply to criminal facts, the choice of punishment (a point of larceny at night), Article 70 (1) 3 of the Specialized Credit Financial Business Act (a comprehensive use of credit card, election of imprisonment with prison labor), Article 329 of the Criminal Act;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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