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(영문) 대전지방법원 2020.11.05 2020노2107
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

one cuter (No. 1), seized,

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of imprisonment, confiscation, etc.) is too unreasonable.

2. The crime of this case, even though the defendant was under probation after being subject to juvenile protective disposition as a same crime, committed a theft of the sum of 30 million won in cash, etc., which was 21 times at night, by opening a locker for bold exchange devices, such as cutting machines, etc. The crime of this case is deemed to be unfair by the court below's sentence, in light of the frequency of the crime, method of the crime, amount of damage, etc., which is significant in the nature of the crime, the defendant's mistake, the fact that the defendant's mistake is against the victim's 3,1420,000 won, and the defendant's age, character and behavior, environment, family relations, the result of the crime, and the circumstances after the crime, etc., are paid to 16 victims, and the defendant's 3,1420,000 won in total and agreed with them.

3. The defendant's appeal is with merit, and the judgment of the court below is reversed and it is again decided as follows.

【Reason used in the judgment below’s reasoning】 The facts constituting a crime and the summary of the evidence acknowledged by the court below and the summary of the evidence are identical to the facts stated in each corresponding column of the judgment below in addition to changing “the defendant’s partial statement in court” in the main text of the evidence to “the defendant’s oral statement in court.” As such, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 (a point of larceny at night), 329 (a point of larceny and choice of imprisonment) of the Criminal Act, and Articles 342 and 330 (a point of attempted larceny of night buildings) of the Criminal Act concerning the choice of punishment;

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

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Article 333 (1) of the Criminal Procedure Act for return;

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