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(영문) 서울동부지방법원 2018.11.16 2018노1259
야간건조물침입절도등
Text

The judgment of the court below is reversed.

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

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The reason for appeal (unfair sentencing) argues that the defendant is too unfasible to the punishment of the court below (the imprisonment of eight months) and that the prosecutor is too unfased and unfair.

2. In full view of the arguments in this case and the reasons for sentencing indicated in the record, such as the following facts: (a) the defendant satisfied all the damages of the victims except for one victim in the original judgment and the first instance judgment; and (b) the defendant has no past record of criminal punishment as a youth of the second half half of the year; and (c) the defendant has no past record of fines for the same kind of crime, as a youth of the second half of the year, the court below's punishment is deemed unfair, and thus, the defendant's argument about the sentencing is reasonable

3. If so, the defendant's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is decided as follows (as long as the judgment of the court below is reversed on the grounds of the defendant's appeal on the grounds of the appeal, the prosecutor's appeal shall not be dismissed separately) [the grounds of the new judgment] summary of facts constituting an offense and evidence and summary of evidence are the same as that of each corresponding column of the judgment of the court below, and thus, they are cited pursuant to Article 369

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 330 (a thief for intrusion upon a structure at night), 329 (a thief), 347 (1) (a point of fraud) of the Criminal Act concerning criminal facts and the choice of punishment, respectively, 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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