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(영문) 서울남부지방법원 2013.04.26 2013노223
야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

One copy (No. 4), a stacker, which has been seized.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. Although the defendant has the same criminal records, the amount of damage is not significant, and the defendant seems to have made efforts to recover damage, such as depositing the amount of damage for victims after the judgment of the court below, and the defendant's depth reflects and repents his wrongness, and other circumstances, such as the background, means and method of the crime of this case, the circumstances after the crime, and the age and behavior environment of the defendant, etc., which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, are too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal of this case is with merit, and the following decision is rendered after pleading.

Criminal facts

The summary of the evidence and the facts charged by the defendant and the summary of the evidence recognized by the court are 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 Article 330 of the Criminal Act, the choice of punishment for the crime, Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 360 (1) of the Criminal Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 347 (1) of the Criminal Act (the point of fraud), Article 347 (1) of the Criminal Act, each choice of imprisonment with prison labor;

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;

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