(영문) 대전지방법원 2020.11.25 2020노3001 | 리걸엔진

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자간(%)

(영문) 대전지방법원 2020.11.25 2020노3001

야간건조물침입절도

Text

The judgment of the court below is reversed.

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

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the following circumstances: (a) the Defendant, who was sentenced to punishment for larceny of the same kind as the instant case, committed the instant crime at the same time; and (b) the quality of the instant crime in light of the several methods of the commission of the crime; (c) however, the Defendant was committed by committing the instant crime; (d) the Defendant was aware of the fact at the time of committing the instant crime; and (e) the Defendant was in a profoundly against his wrongness and health condition; and (e) the Defendant was simply agreed with the victim at the time of the first instance trial, and the victim was not subject to punishment against the Defendant; and (e) the Defendant’s age, occupation, character, character, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime; and (e) the circumstances after

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

【Discied Judgment】 The facts constituting a crime and the summary of the evidence recognized by the court, as well as the summary of the evidence, are as stated in each corresponding column of the judgment of the court below, except for adding ‘the defendant's oral statement at the court of first instance' to the first instance in the summary of the evidence, and thus, they are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 330 of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act;

참조조문

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