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(영문) 대구지방법원 2016.03.31 2015노5420 (1)
야간건조물침입절도등
Text

The judgment of the court below is reversed.

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

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. In light of the fact that the Defendant committed each of the crimes of this case during the period of repeated crime, and the nature of the crime is not good if compared with the applicable criminal methods, the Defendant is inevitable to punish him/her that corresponds to his/her liability.

However, it is necessary to fully consider the following circumstances in determining the scope of criminal liability against the accused.

The Defendant recognized the entire crime of this case and seriously reflects the amount of damage, and the amount of damage is not relatively significant, and the victim C was able to compensate the victim C for damage and agreed to do so.

B. The victim E and the damage were fully agreed upon in the first instance, and the victim E also wanted to have the Defendant’s wife.

In addition, in light of the fact that the Defendant was unable to receive treatment due to the disorder of alcohol abuse control in the past and that there was no record of punishment for the same kind of larceny or fraud crime, it may be deemed that the instant crime was committed by the Defendant due to the disorder of shock adjustment as above.

In addition, considering the various circumstances such as the defendant's age, sex, environment, family relationship, motive, method, and result of the crime, the punishment sentenced by the court below is considered unfair.

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.

Criminal facts

As stated in each corresponding column of the judgment of the court below and the summary of evidence, 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 347 of the Criminal Act (a thief by intrusion upon a structure at night) on criminal facts and Article 347 (1) of the Criminal Act (a punishment shall be imposed by imprisonment or imprisonment with prison labor);

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