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(영문) 광주지방법원 2020.09.15 2020노1219
야간주거침입절도미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) of the lower court is too unreasonable.

2. Each of the instant crimes committed by the Defendant is an unfavorable sentencing factor against the Defendant, inasmuch as the Defendant repeatedly invadeds the residence of unspecified women, and the nature of the crime is bad, and the victims seem to have caused considerable anxiety due to each of the instant crimes, and the Defendant did not reach an agreement with the victim G, etc.

However, the fact that the defendant recognizes each of the crimes of this case, the first offender, and the court reached an agreement with the victim C and the victim E, and the above victims do not want the punishment of the defendant is an element of sentencing favorable to the defendant.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is deemed unreasonable.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following is ruled again after pleading.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are identical to facts constituting a crime and summary of evidence, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act, as stated in each corresponding column of the judgment below.

Application of Statutes

1. Relevant Articles 342 and 330 of the Criminal Act concerning facts constituting an offense (the attempted larceny at night) and Article 319 (1) of the Criminal Act (the point of intrusion upon residence and the choice of imprisonment);

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

1. Article 62 (1) of the Criminal Act;

1. The sentencing of Article 62-2 of the Criminal Act on probation and community service order shall be determined in consideration of the circumstances described in Article 62-2 (2) above;

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