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(영문) 대전지방법원 2013.12.05 2013노2359
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year of imprisonment) is too unreasonable.

Judgment

In light of the Act on the Number of Crimes and the frequency of crimes in this case, etc., it is recognized that the defendant was unable to reach an agreement with most victims, but the defendant led to confession and reflects each of the crimes in this case. Each of the crimes in this case is committed to raise living expenses after the defendant left home with childcare center, and there are some circumstances to consider the motive and background of the crime. The damage amount of each of the crimes in this case is relatively minor, the defendant is the first offender, some victims want not to be punished against the defendant, and the court below also reviewed all the sentencing conditions such as the victim N wanting to take the defendant against the defendant, and the age, character and conduct of the defendant, environment, circumstances after the crime. Thus, the defendant's argument is somewhat inappropriate.

In conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is based on its reasoning, and the following is ruled again.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are identical to 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. Relevant provisions of the Criminal Act concerning facts constituting an offense and Articles 330 ( point of larceny at night), 342 and 330 ( point of attempted larceny of night buildings), 319 (1) of the Criminal Act, Article 329 (1) of the Criminal Act, Article 329 of the Criminal Act, Article 342 and Article 329 of the Criminal Act, Articles 32 and 329 ( point of attempted larceny and Selection of Imprisonment) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are the most severe punishment, the nature of the crime and the circumstances.

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