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(영문) 의정부지방법원 2015.09.22 2015노1964
야간주거침입절도등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for seven months.

Defendant

A.

Reasons

1. The summary of the grounds for appeal (for defendant A: imprisonment of one year and half years, and defendant B: imprisonment of eight months) is too unreasonable.

2. Determination

A. Determination 1 on Defendant A’s assertion is recognized that Defendant made confession of all of the instant crimes and reflects the fact that some damaged items were temporarily returned, etc. However, considering the following factors: (a) the Defendant had several records of criminal punishment for the same kind of crime (in fact 5 times, once the suspension of execution) and, in particular, the Defendant committed each of the instant crimes during the repeated crime period after having been sentenced to criminal punishment for the same crime; (b) it is not good that the Defendant committed a theft or attempted to steals property by intrusion upon a house where no crime has been established at night; (c) it is not good that the Defendant did not agree with the victims; (d) the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime; (e) circumstances before and after the instant crime; and (e) other factors of sentencing as indicated in the argument of this case, the lower court’s punishment is too unreasonable.

3) Therefore, Defendant A’s above assertion is without merit. B. Determination of Defendant B’s assertion 1) Even though the Defendant had had the history of criminal punishment several times due to the same crime (i.e., once a punishment is held, once a suspended execution, and twice a fine), the Defendant also committed the instant crime, and there is any unexpected damage.

2. However, in full view of the following factors: (a) the defendant's time to commit the instant crime and reflects the fact that some of the damaged goods were temporarily returned; (b) the court below agreed with the victim M& in the trial; and (c) the defendant's age, character and conduct, environment, motive and circumstance leading to the instant crime; (d) the motive and circumstance leading to the instant crime; (e) circumstances before and after the instant crime; and (e) other conditions of sentencing as shown in the instant argument, the sentence imposed by the court below is unreasonable

C. Therefore, Defendant B’s above assertion is with merit.

3. Accordingly, Defendant A’s appeal is reasonable.

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