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(영문) 수원지방법원 2017.10.27 2017노5633
상습야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

- 5 (No. 1), each of which has been seized, five (No. 1);

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 years of imprisonment, confiscation) is too unreasonable.

2. The crime of theft of this case committed by the defendant habitually intrudes upon his residence and thus commits or attempts to steals property. In light of the method and frequency of the crime, the amount of damage, etc., the nature of the crime is not weak, the victim did not agree with the victim, and the fact that the defendant had been punished several times due to the same kind of crime is disadvantageous to the defendant.

However, in full view of the sentencing conditions indicated in the records, including the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, such as the fact that the defendant's mistake is recognized, the defendant voluntarily surrenders to certain crimes, and the fact that some damaged items have been returned, etc., and other similar cases, the punishment imposed by the court below is recognized as unfair because it is inappropriate for the court below to take into account the following factors:

Therefore, the defendant's above assertion is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Re-written judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of 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 legal provisions of the Criminal Act and Articles 332, 330, 329, and 342 of the Criminal Act concerning criminal facts (including: (a) habitual and night intrusion larceny; (b) habitual and night residence intrusion larceny; and (c) habitual and night residence intrusion larceny; and (d) habitual and night residence intrusion larceny; and (b) Articles 78 subparagraph 2 and 71 (1) of the Automobile Management Act (the registration number plate of a motor vehicle and the use of a registration number plate of a motor vehicle; and the choice of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (1) of the Criminal Act for the aggravation of concurrent crimes.

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