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(영문) 청주지방법원 2014.01.16 2013노897
야간건조물침입절도
Text

The judgment below

We reverse the part of the judgment Nos. 1 to 3.

As to the crime of 1 to 3 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal (the crime of Nos. 1 to 3 in the original judgment: imprisonment with prison labor for 2 months and the crime of No. 4 in the original judgment: imprisonment with prison labor for 4 months) declared by the lower court is too unreasonable.

2. Determination

A. As to the crimes of this case as to the crimes of Articles 1 through 3 in the holding of the court below, each of the crimes of this case is to be determined by considering the circumstances unfavorable to the defendant, the fact that the defendant invadeds on the building managed by others at night and the nature of the crime is not good, the fact that it does not reach an agreement with the victim J, the defendant recognizes his mistake and is in profoundly against the defendant, the victim G and D, and the victim J deposited certain amount as a compensation for damage, the crime of this case as provided in Articles 1 through 3 of the facts of the judgment of the court below, and the case where the judgment was rendered at the same time as the crime of larceny, etc. of this case becomes final and conclusive. In full view of other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and result of the crime of this case as well as the circumstances after the crime, etc., the sentence of the court below as to the crimes of Articles 1 through 3 in the holding of the court below is somewhat unreasonable.

B. In full view of the circumstances that are favorable to the defendant, such as the fact that the defendant recognized his mistake and reflects his depth, the fact that the victim does not want the punishment of the defendant by agreement with the victim, etc., but without being aware of the fact that the defendant again committed the crime, even though he was under suspension of execution due to the same kind of crime, and the fact that it is not good to form the crime, that he stolen money and valuables by destroying another's structure managed at night, and other circumstances that are conditions for the argument and sentencing as indicated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the court below's punishment as to the crime No. 4 in the

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