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(영문) 대구지방법원 2020.12.15 2020노3309
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

A victim of seized evidence No. 3.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, and one year and six months of return) of the lower court is too unreasonable; and

2. From 2008 to 2018, the Defendant had a record of having been sentenced to imprisonment for the same kind of crime, etc. over five times, and the period of release from the prison due to a repeated crime has not yet elapsed. As such, the Defendant committed each of the instant crimes.

With the exception of the provisional return of some damage, the damage was not restored.

However, the defendants recognize all crimes.

Some of the crimes are directly committed in the process of resolving the problem, and the scale of damage is not much significant.

In addition, comprehensively taking account of the defendant's age, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is deemed to be too unreasonable.

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting the crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment below. Thus, it is acceptable in accordance with Article 369 of

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense and Article 330 of the Criminal Act for the selection of punishment (the: (a) the Criminal Act; (b) Article 319 (1) of the Criminal Act; (c) Article 329 of the Criminal Act; (d) Article 331-2 of the Criminal Act; (b) Article 331-2 of the same Act; (c) Articles 152 subparagraph 1 and 43 of the Road Traffic Act for each of the following: (a) Article 330 of the same Act; (b) Article 330 of the same Act

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act concerning return of victims, Article 333 (1) of the Criminal Procedure Act;

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