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(영문) 부산지방법원 2016.10.13 2016노3089
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized No. 15 shall be returned to the victim C.

Reasons

1. The punishment sentenced by the original court (one year of imprisonment) in the summary of the grounds for appeal is too unreasonable.

2. It is difficult to deny that it is necessary to impose a severe sentence on the Defendant, on the following grounds: (a) even though the Defendant had been subject to three times of punishment, such as imprisonment with prison labor due to the theft crime, the Defendant committed the instant crime again during the period in which the said judgment became final and conclusive; and (b) during the period of one month, an unspecified number of theft crimes consisting of 11 times, which are similar to an unspecified number of larceny crimes.

However, although the defendant took an attitude of recognizing and opposing the defendant's mistake, the defendant committed theft by intrusion on the building, but all of these circumstances are also considered to be important in determining the punishment against the defendant, such as the following: (a) the other crime and the crime committed by the above-mentioned previous convictions by stealing other things by neglecting the owner's attention; (b) the value of the stolen goods of this case is 7 million won in total; and (c) the fact that the defendant was returned to the victims except only one cellular phone; and (d) the fact that the defendant suffered from the fluoral disease, etc. is not good in health conditions.

Considering the above circumstances and the overall circumstances such as the defendant's age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the punishment sentenced by the court below is too heavy.

3. In conclusion, 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 decision is rendered after pleading

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding part of the judgment of the court below. Thus, it is true in accordance with Article 369 of the Criminal Procedure Act.

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