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(영문) 창원지방법원 2019.07.24 2019노808
야간건조물침입절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten 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 ten months) of the lower court is too unreasonable.

2. The lower court, on the grounds of appeal, rendered a sentence by taking account of the following factors: (a) under favorable circumstances in which the Defendant led to the confession and reflection of the instant crime; (b) the Defendant had the record of receiving juvenile protective disposition several times including the same kind of crime; (c) the Defendant committed repeatedly in a short period; and (d) the fact that the method of the commission of the crime was inadequate; and (c) other factors of sentencing specified in the records and arguments, including the Defendant’s age, character and conduct; (d) the motive of the

However, in light of the fact that the defendant did not want punishment against the defendant by agreement with all victims during the appellate trial, the court below's punishment is too unreasonable.

Therefore, the defendant's argument is justified.

3. According to the record of judgment on the application for compensation order, the fact that the defendant paid part of the amount of damage to the applicant for compensation and agreed to do so can be acknowledged in the appellate trial.

Therefore, this case is a case where it is not reasonable to issue an order for compensation in the criminal procedure because the existence or scope of the defendant's liability for compensation is unclear.

4. As the appeal by the defendant is well-grounded, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the application for compensation order by the applicant for compensation is dismissed. It is again decided as follows through pleading.

[Discied reasoning of the judgment] Criminal facts and the summary of the evidence admitted by the appellate court and the summary of the evidence are the same as the stated in 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. Article 330 of the Criminal Act applicable to the crimes;

1. The former part of Article 37, Article 28(1)2, and Article 50 of the Aggravation of Concurrent Crimes Act;

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