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(영문) 창원지방법원 2017.12.07 2017노2638
야간건조물침입절도등
Text

The judgment of the court below is reversed.

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

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. However, there is a record of being sentenced to four times juvenile protective disposition and one-time fine due to larceny, etc., and the defendant committed a theft of property and money equivalent to about 8.55 million won in total from 25 victims within a short period, and the nature of the crime and the circumstances of the crime have not been somewhat weak, there has been no agreement with most victims, and the damage has not been recovered (the victim U, L, and J suffered damage exceeding one million won) and is disadvantageous to the defendant.

However, in full view of the following circumstances: (a) the fact that the Defendant recognized and reflected the crime; (b) the Defendant grown in a friendly family environment; (c) the Defendant appears to have committed each of the crimes of this case in order to maintain his livelihood; (d) the victims’ most individual damage amounts are not large; and (e) the victims do not want the punishment of the Defendant by mutual consent with eight victims, including the victim G, etc. when the Defendant was in the first instance trial; and (e) other circumstances that are conditions for sentencing as shown in the records and arguments of this case, such as the Defendant’s age, environment, sex, criminal conduct, circumstances before and after the crime, etc.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Relevant provisions of the Criminal Act and Article 319(1) of the Criminal Act (a) (a point of intrusion upon a structure, choice of imprisonment), Article 329 of the Criminal Act (a point of intention, choice of imprisonment), Article 330 of the Criminal Act (a point of larceny of intrusion upon a structure at night), Article 342 of the Criminal Act, and Article 342 of the Criminal Act, respectively.

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