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(영문) 서울동부지방법원 2013.11.29 2013노1139
주거침입등
Text

The judgment of the court below is reversed.

The punishment of the accused shall be set forth in six months.

provided that this ruling has become final and conclusive.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. In light of the circumstances that are favorable to the defendant, such as the fact that the defendant committed the crime of repeatedly by intrusion into the house of a female victim who is not far away from the defendant's residence or destroying the toilet shock network and stealing clothes, the defendant's whereabouts are unknown after being examined by the investigative agency, and the trial procedure of the court below is going through service by publication without the defendant's appearance, but there are unfavorable circumstances to the defendant, such as the fact that the defendant led to confession and mistake of the crime, the damage caused by the crime of this case is not heavy, the defendant has no criminal power prior to the instant case, and the defendant seems to have committed the crime because he was unable to suppress the defense of the female who did not meet the defendant due to difficult growth and living, the circumstances and developments leading up to the crime of this case, the situation before and after the crime, the defendant's age, character and behavior, environment, occupation and family relation, etc., the punishment of the defendant sentenced by the court below is somewhat inappropriate.

3. As such, the defendant's appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following judgment is rendered again.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 366 of the Criminal Act, the choice of punishment against the crime, Article 366 of the Criminal Act, Article 329 of the Criminal Act, Articles 342 and 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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