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(영문) 청주지방법원 2018.12.07 2018노936
야간건조물침입절도
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) by the lower court (one year of imprisonment) is too unreasonable.

2. The crime of this case is an unfavorable circumstance to the defendant, in light of the motive and method of crime, since the defendant invadedd into the "Dless Telecom" (hereinafter "the instant telecom") where the defendant had worked as an employee and stolen the cash stored in the safe, it is not good that the crime is committed in light of the motive and method of crime. The defendant denied the crime of this case at the court below, and has consistently been punished several times for the same crime, and the defendant has been punished several times for the same crime.

However, in light of the following: (a) the Defendant recognized the instant crime for the first time in the trial; (b) the Defendant agreed in the trial with P, which is the operator of the instant franchise; (c) the extent of damage was not significant; and (d) other various sentencing conditions as shown in the instant records and arguments, including the Defendant’s age, sex, environment, family relationship, family environment, circumstances after the commission of the crime; and (d) the Defendant’s punishment is too unreasonable, and thus, the above argument by the Defendant is reasonable.

3. The judgment 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 judgment below is reversed and the case is remanded to the court below as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. In full view of various sentencing conditions as seen earlier prior to the reasons for sentencing under Article 330 of the Criminal Act regarding criminal facts, the punishment is determined as per Disposition.

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