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(영문) 광주지방법원 2017.09.27 2017노2815
야간건조물침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The lower court’s sentencing is too unreasonable on the grounds of appeal.

2. Considering the fact that the defendant committed the instant crime repeatedly even if he/she had the same criminal record in several times, and that the defendant did not agree with the victims until the time of the trial, strict punishment against the defendant is required.

However, in light of the defendant's age, sex and environment, motive, means and consequence of the crime of this case, and the conditions of sentencing specified in the arguments of this case, such as the defendant's age, sexual conduct and environment, motive, means and consequence of the crime, the defendant's punishment against the defendant is too unreasonable, since the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

Criminal facts

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

Application of Statutes

1. Article 330 of the Criminal Act concerning the relevant criminal facts and the choice of punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

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