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(영문) 의정부지방법원 2018.08.20 2018노1689
절도등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced is too unreasonable (one year of imprisonment).

2. The crime of this case was committed by the defendant at the time of the victim C, and was committed by the victim by thefting the rejection of the neighboring construction site (the 'defluence'), which does not open the entrance door of the residence, and then damaging the entrance gate of the above residence and assaulting the victim. Even though the defendant already received a disposition of suspension of indictment or prosecution against the same victim on several occasions due to the injury or assault, the victim was in use of violence, the degree of injury suffered by the victim of this case was serious, the victim was not used until the trial, and the materials on recovery of damage suffered by the victim were not submitted. In light of the above, the defendant's sentence is inevitable.

However, considering the following circumstances: (a) the Defendant recognized his mistake and is in profoundly against the Defendant; (b) the Defendant did not have access to the victim after the release; and (c) the Defendant would have repeated as a sound social person by taking into account the work experience in the broadcasting station; (b) the Defendant did not have any history of having been punished for violent crimes except for the punishment of a fine of KRW 700,000 as a crime of assault around 2017; and (c) the Defendant had lived with his father after his father divorced and died after his father was divorced; and (d) had been living in an difficult environment due to difficult contact with his mother, etc., the Defendant’s age, sex behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the sentence imposed by the lower court is deemed unfair due to the absence of force.

3. The appeal by the defendant is with merit, and the judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act.

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