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(영문) 의정부지방법원 2018.10.30 2018노2217
상습절도
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The Defendant committed the instant crime during the period of repeated crime resulting from the same crime. The instant crime was committed by the Defendant by intrusion upon his residence through the entrance in which the Defendant was not corrected, thereby thefting, etc., and the total amount of damage exceeds KRW 29270,000,000.

The defendant has several criminal records of the same kind, including the criminal records.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and is against the law.

In the past, the defendant agreed with the victims about the recovery of the damage by additional agreement.

This is the circumstances favorable to the defendant.

In full view of such circumstances as the defendant's age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime in this case and the arguments, the sentence of the court below is somewhat unreasonable.

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 judgment below is ruled again after pleading 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 Act.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 332 and 329 (General Provisions) of the Criminal Act and the choice of imprisonment for a crime;

1. The sentence is determined as per Disposition on the grounds as examined in the judgment on the unfair argument of sentencing prior to the reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

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