(영문) 대구지방법원 2015.06.12 2015노1527 | 리걸엔진

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2015.06.12 2015노1527

야간주거침입절도등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is committed in a manner that is disadvantageous to the defendant, considering the interview of the method of intrusion and the risk of the crime itself, which is likely to expand or develop a serious crime as a result of repeated intrusion into the victim's residence at home or at night, and thus, the crime of this case is not committed. The defendant has a record of criminal punishment of fines twice for the same crime, and the defendant has not recovered from damage up to the trial. However, while the defendant has committed the crime of this case, he has no record of criminal punishment exceeding the fine, and there is no record of criminal punishment exceeding the fine, the amount of damage by the victim is relatively little. The significant degree of the crime of this case is considered to be a living crime of the defendant's family's livelihood as a case of theft, such as milk, spawn, etc., under the circumstance that the defendant has economic difficulty, it appears that the economic situation of the defendant's family members might be better. The defendant's age, character and behavior, the defendant's age, the circumstances, motive and circumstances leading to the crime of this case, etc.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as stated in the corresponding column of the original judgment. Therefore, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and the choice of punishment for the crime, respectively;

참조조문

-형법

-형사소송법 제364조 제6항

-형사소송법 제369조

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