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(영문) 대전지방법원 2014.04.30 2014노347
야간주거침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the court below (unfair punishment) on the defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the lower court on the Defendant is too unfasible and unfair.

2. In light of the judgment, there are six times the defendant's past records of the protective disposition and criminal punishment due to the same crime. On October 5, 2012, the defendant committed the crime of this case during the period of the suspended execution of imprisonment of 2 years due to larceny, etc., without being aware of the fact that he committed the crime of this case during the suspended execution of 3 years, and the defendant was accompanying the company at the time of his accompanying and receiving two million won a monthly salary, and thus does not seem to be a crime of life

However, considering the fact that all the damaged goods of this case were returned to the victim, when the defendant was in the trial, the defendant deposited 50,000 won for the victim, the defendant led to the confession of the crime of this case and reflects his mistake, the defendant was the young age of 21 years and 10 years old parents were divorced, and the defendant was in an infinite family environment while divorced from his parents. At the time of the crime of this case, at the time of the crime of this case, the defendant seems to have committed any contingent crime, the defendant's family and his wife wanted the defendant's wife, and the defendant's family and his wife seems to have the opportunity to care to close the punishment through confinement life for five months, and all other sentencing conditions such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the defendant's judgment of the court below is somewhat inappropriate, and the prosecutor's assertion of unjust sentencing pointing this out is without merit, and the prosecutor's assertion of unjust sentencing is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

However, there is no reason for the prosecutor's appeal.

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