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(영문) 대전지방법원 2013.09.12 2013노1554
야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence of one and a half years of imprisonment sentenced by the court below is too unreasonable.

2. The judgment is based on the following facts: (a) the majority of the victims due to each of the crimes of this case are victims, and the amount of damage therefrom is significant, and the defendant's liability for the crime of this case is heavy; (b) the juvenile protection disposition of the defendant is six times due to the same crime; and (c) the suspension of indictment was imposed once again despite the fact that the defendant had no record of criminal punishment; (d) part of the damaged goods has been returned to the victim; (e) the defendant led to the confession and reflect of each of the crimes of this case; (e) the defendant's age can be expected to keep up to be long; and (e) the defendant's age is likely to not re-offending; and (e) taking full account of various sentencing conditions provided for in Article 51 of the Criminal Act, such as character, conduct, environment, motive, means, and consequence of the crime; and (e) the sentence imposed by the court below against the defendant is deemed to be inappropriate because it

3. Accordingly, according to the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the following is again decided after pleading.

Criminal facts

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

Application of Statutes

1. Relevant legal provisions for facts constituting an offense, Article 360(1) of the Criminal Act (the embezzlement of stolen objects), Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 356 and Article 355(1) of the Criminal Act, Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, Article 360(1) of the Criminal Act, the choice of punishment for the remaining crimes except for night-time buildings and larceny;

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

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