(영문) 수원지방법원 2016.12.22 2016노7503 | 리걸엔진

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(영문) 수원지방법원 2016.12.22 2016노7503

주거침입등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

No. 1 of the seized evidence shall be charged to the defendant.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The crime of this case, which is judged as follows: (a) the Defendant’s accomplice who misrepresented with a public institution, had the aged victim H withdraw a large amount of cash and keep it in the house; and (b) the Defendant took cash out of the house and brought about a large amount of social harm; (c) the crime of this case is committed in a systematic, planned, and intelligent manner; (d) the crime of this case requires strict punishment even if the subordinate member who took part in part in part in the part of the crime is unable to arrest the entire organization; (e) the Defendant clearly recognized that he was involved in the crime of this case by closely communicating with the accomplice at the time of the crime of this case; (b) the Defendant had been holding another person’s passport or alien registration certificate, the source of which is unclear at the time of arrest, or multiple foreign registration certificates, and (e) the Defendant appears to have taken part in the crime of this case other than the crime of this case, which is disadvantageous to the Defendant.

However, when the defendant was found to have committed the crime of this case for the first time, it appears that the defendant reflects the wrong, that the defendant was not in the position of leading the whole of the crime of this case by acting in the role of cash collection measures, that police officers dispatched at the victim's request at the time of committing the crime of this case arrested the defendant at the scene to commit the crime of larceny of this case, and that all of the victims were recovered, that the defendant deposited KRW 3 million for the victim at the court below, and that the defendant was not subject to criminal punishment for the same kind of crime in Korea.

유사 판례

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