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(영문) 서울북부지방법원 2015.11.19 2015노1599
야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Although the judgment of the court below had a record of being sentenced to the suspension of indictment once for the same kind of crime as the instant thief, and did not receive a letter from the victims because the victims of each of the instant crimes have been compensated for damage or have agreed with the victims, it seems that the Defendant had committed each of the instant crimes for not less than four months, and that there was no record of being sentenced to punishment or heavier punishment than fines for the same crime as the instant crime, and that there was no record of being sentenced to punishment or committed more severe punishment for the same crime as the instant crime, and that the server of the unmanned traffic regulation device was returned to the victims C in order to maintain their livelihood while living together with others. At the investigation stage, in consideration of the circumstances before and after the commission of each of the instant crimes, the Defendant’s age, character and behavior, occupation, occupation, and family relationship, etc., the punishment of the Defendant sentenced by the court below is somewhat inappropriate.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is well-grounded, and the following decision is rendered after pleading.

Criminal facts

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

Application of Statutes

1. Relevant Article 330 of the Criminal Act and Article 329 of the Criminal Act (the point of larceny at night), the choice of punishment for a crime;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (Special Considerations in favor of the defendant as seen in the preceding);

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