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(영문) 대구지방법원 2015.10.23 2015노3371
상습야간건조물침입절도
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for two years.

2.2 A seized mother and child

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two years and six months of imprisonment) is too unreasonable.

2. The instant crime was committed on 49 occasions from May 2013 to June 6, 2015, in consideration of the crime period and frequency of the crime, the number of the crimes, the interview and interview nature, the risk of the crime itself that can expand or develop a serious crime, etc., in which the Defendant committed the instant crime is not good, the Defendant has a record of criminal punishment several times for the same crime; the Defendant did not reach an agreement with the victimized company and failed to recover from damage; however, the Defendant reflects the wrongness of the Defendant in confessioning the entire crime of the instant crime of this case; the actual acquisition of electric wires by disposing of the stolen wire at night, etc. is about KRW 43 million in total and about the market value of the victimized company; the period and frequency of the crime; the method of the crime of this case; the interview with the Defendant’s imprisonment with prison labor for not more than 10 million won; the Defendant’s motive and condition of the same or similar crime of this case; the Defendant’s imprisonment with prison labor for not more than 16 years after the execution of the same or similar crime; the Defendant’s imprisonment with prison labor for not more than 9 years.

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

Criminal facts

The summary of the evidence and the facts charged by the court against the defendant.

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