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(영문) 인천지방법원 2016.01.05 2015노4010
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. Determination: (a) the crime was committed repeatedly against the same victim; (b) the defendant committed another crime while the defendant was under suspension of execution; (c) the defendant committed another crime even though he/she was under suspension of execution; (d) the defendant committed another crime; (c) the defendant committed another crime; (d) the defendant committed a crime under the 2583 senior group 2015 senior group 2015 senior group 4932 senior group ; (e) the defendant committed the crime of this case; or (e) the defendant recognized the crime of this case and reflects it; (e) the defendant has no record of punishment for the same crime; (e) the damage caused by the crime of this case was returned; and (e) the first instance court reached the judgment; (e) the defendant paid a certain amount to the victim of the crime of this case; and (e) the amount of damage; (e) the defendant's character and conduct, environment; and (e) the motive and means of the crime of this case; and (e) the circumstances and the records of this case after the sentencing of this case are acknowledged by the court below.

Therefore, the defendant's argument of sentencing 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.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is identical to each corresponding part of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 330 of the Criminal Act, Article 366 of the Criminal Act, Article 319 of the Criminal Act, Article 329 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, Article 329 of the Criminal Act, Article 329 of the Criminal Act, Article 322, and Article 329 of the Criminal Act, Article 329 of the Criminal Act, concerning the crime;

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

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