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(영문) 춘천지방법원 강릉지원 2015.08.13 2015노325
야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and four months of imprisonment) is too unreasonable.

2. Determination is that the Defendant had a record of having been punished several times in the same past and with the same history of night intrusion theft of residence in the instant case, the Defendant committed each of the instant crimes during the period of repeated crime, did not agree with the victim F, and did not appear to have been recovered from the damage.

However, in light of the fact that the defendant recognized each of the crimes of this case as well as the fact that the defendant agreed with the victim C, and the motive, background, means and result of each of the crimes of this case, the amount of damage, the age, character and conduct, environment, and all other conditions of sentencing as shown in the records and arguments, the punishment imposed by the court below is too unreasonable. Thus, the defendant's above assertion is reasonable.

3. Accordingly, the defendant's appeal is with merit. Accordingly, the judgment below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

[Discied Judgment] The criminal facts recognized by the court and the summary of the evidence are the same as the entries of each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 30 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Finance Business Act (the use of stolen credit cards, the occupation of use of stolen credit cards, and the choice of imprisonment);

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

1. Reasons for sentencing among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (referring to concurrent crimes with the punishment specified in night, night, intrusion of residence and larceny, the offense of which is the largest);

1. Scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Application of the sentencing criteria;

(a) Nighttime, intrusion upon residence and larceny (decision of type) shall be general property.

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