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(영문) 부산지방법원 2017.09.14 2017노1931
야간건조물침입절도등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The respective sentence (No. 1: Imprisonment with prison labor for 1 year and imprisonment for 2 months) declared by the court below in the summary of the grounds for appeal is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant's ex officio prior to the judgment on the grounds for appeal by authority, and as each of the cases of the judgment of the court below appealed by the defendant, each of the crimes in the judgment of the court below against the defendant is concurrent crimes under the former part of Article 37 of the Criminal Act, and a single sentence shall be imposed at the same time in accordance with Article 38 of the Criminal Act. Thus, the judgment of

3. The judgment of the court below is reversed under Article 364 (2) of the Criminal Procedure Act without examining the grounds for appeal by the defendant, and the judgment below is reversed and it is decided as follows through pleadings.

[Re-written judgment] The summary of criminal facts and evidence against the defendant recognized by the court is identical to each corresponding column of the judgment of the court below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant legal provisions concerning facts constituting an offense, Article 330 of the Criminal Act (a thief by intrusion on each night structure), Article 329 of the Criminal Act (a thief by each night), Article 319 (1) of the Criminal Act (a point of intrusion on each structure), and the choice of imprisonment with prison labor;

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

1. Grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act, as the punishment for concurrent crimes;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) On each crime subject to a resolution of first instance judgment: thief; thief; thief for general property; o mitigated element (special sentencing factors): If a person intrudes into a place other than his/her livelihood type, indoor residential space, or indoor residential space: o aggravated element: A same repeated crime;

B. Regarding the second-class judgment on the crime of larceny [Determination of type] thief, theft against general property, and second-class (general thief) o mitigated element: Do mitigated element of living type o to increase punishment: the same kind of element of living.

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