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(영문) 서울북부지방법원 2015.09.24 2015노1253
야간건조물침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

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

2. The judgment of the court below, although the defendant had been already punished by imprisonment, suspension of the execution of imprisonment, and fine several times for the same crime as the crime of this case, the defendant seems to have committed the crime of this case in a prison life for more than two months, and the defendant seems to have committed the crime of this case in a contingent manner under the influence of alcohol, and the defendant's wife and two children must be supported by the defendant. The court below stated in the judgment that the victim does not want the punishment of this case by mutual consent with the victim C. The degree of damage suffered by the victim is relatively minor. The degree of damage suffered by the crime of this case is relatively minor. The defendant's family and the representative of the J Job Agency whose name is the defendant's family members and the defendant's family members want the defendant's preference to the defendant, and other circumstances such as the motive and background leading up to the crime of this case, the situation before and after the crime of this case, the defendant's age, character and behavior, occupation, family relation, etc., are considered as 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. Article 330 of the Criminal Act applicable to the crime;

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);

1. Social service order under the Criminal Act;

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