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(영문) 부산지방법원 2018.08.17 2018노537 (1)
야간건조물침입절도교사등
Text

Of the judgment of the court of first instance, the part concerning the defendant and the judgment of the court of second instance shall be reversed.

The defendant shall be punished by imprisonment for a maximum term of two years.

Reasons

1. The summary of the grounds for appeal (unfair sentencing: imprisonment with prison labor for a maximum of eight months, a short of six months, and a second instance judgment: imprisonment with prison labor for a maximum of two years and a short of one year and six months) declared by the original court is too heavy.

2. The Defendant filed an appeal against the judgment of the court below in entirety, and the court decided to consolidate the above appeal cases.

Each of the judgment below against the defendant shall be sentenced to one punishment for concurrent crimes under the former part of Article 37 of the Criminal Act.

Therefore, the judgment of the court below can no longer be maintained.

3. Accordingly, the judgment of the court below is reversed as to the part of the judgment of the court of first instance and the judgment of the court below as to the defendant under Article 364 (2) of the Criminal Procedure Act without examining the defendant's improper assertion of sentencing, and it is so decided as follows through the pleading.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court and the summary of the evidence are the same as the stated in each 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 legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act of the choice of punishment (the thief for intrusion upon a house at night), Articles 258-2 (1), 257 (1) (the point of special injury) of the Criminal Act, and Article 257 (1) of the Criminal Act (the point of each injury and the choice of imprisonment);

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

1. Reasons for sentencing under Articles 2 and 60 (1) of the Juvenile Act in an irregular manner;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to 15 years;

2. Scope of recommended punishment based on the sentencing criteria: The accused is a juvenile, and non-application of the sentencing criteria;

3. Determination of sentence: Imprisonment with prison labor for a maximum term of two years and two years, and in a short term of one year and ten years, the Defendant again committed each of the crimes of this case without any reflection on the record of juvenile protective disposition received several times.

In the case of the theft of a structure at night, the amount of stolen objects shall be the amount.

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