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(영문) 대구지방법원 2017.03.09 2016노5796
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months and by a fine of thirty million won.

The above fine shall be imposed on the defendant.

Reasons

1. The sentence imposed by the court below (one year of imprisonment and fine of 300,000 won) is too unreasonable.

2. The Defendant, even before committing the instant crime, has been subject to punishment for the same kind of crime, and in particular, committed the crimes under Articles 1 and 2 of the judgment of the court below, which are being investigated by an investigative agency, and again committed the crimes under Articles 3 and 4 of the judgment of the court below, and there is a need to strictly punish the Defendant.

However, in full view of the following circumstances: (a) the Defendant’s mistake is divided and reflected in depth; (b) the victims of the instant crime have not been punished by the Defendant by mutual agreement with the victim of paragraph (3) of the judgment of the court below which has suffered the largest amount of damage in the course of the trial; and (c) the Defendant’s punishment is too unreasonable because the Defendant’s punishment is too excessive and unreasonable; and (b) other circumstances that are conditions for sentencing specified in the instant case, such as the Defendant’s age, sex, environment, and family relationship.

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

The summary of the facts charged and the evidence admitted by the court is identical to each 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. Relevant provisions of the Criminal Act and Articles 330 (a thief for intrusion on a structure at night), 342, 330 (a thief for intrusion on a structure at night) of the Criminal Act, Article 154 subparagraph 2 and 43 of the Road Traffic Act concerning facts constituting an offense, and Articles 330 (a thief for intrusion on a structure at night) of the Criminal Act, and Articles 342, 330 (a thief for

1. The former part of Article 37 of the Criminal Act, Articles 38(1)2 and 38(1)3, and 50 of the said Act [In cases of each night building; theft of intrusion upon a structure at night; theft of a structure at night; and attempted theft of intrusion upon a structure at night, the nature and circumstances of the crime are the largest, together with imprisonment with prison labor aggravated for concurrent crimes prescribed by the night building intrusion larceny.

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