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(영문) 서울북부지방법원 2017.06.02 2017노505
상습야간주거침입절도등
Text

The judgment of the court below is reversed.

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant with mental disorder was in a state of mental and physical weakness due to the proof of alcohol content at the time of each of the instant crimes.

2) The sentence sentenced by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted by the Defendant’s determination on the Defendant’s mental and physical disorder, it is recognized that the Defendant had proved alcoholic content at the time of each of the instant crimes, and that the Defendant was hospitalized.

However, in light of the circumstances leading to each of the instant crimes, the means and methods of committing the instant crimes, and the circumstances before and after committing the instant crimes, the Defendant had the weak ability to discern things or make decisions at the time of each of the instant crimes.

shall not be deemed to exist.

The defendant's mental disorder is not accepted.

B. We examine both the Defendant and the Prosecutor’s unfair argument of sentencing as to the Defendant and the Prosecutor’s unfair argument.

From among the crimes of this case, the theft of habitual residence at night was committed by the defendant who intrudes on the residence by shouldering the glass door seven times in a day or night, or getting off the air-conditioning pipe on the rooftop, etc.

Such a method of crime is not easy, and the rest of the crimes also intrudes on another's house or damages property in the course of intrusion with the intention of theft.

B. A defendant has a record of having been sentenced to a suspended sentence of imprisonment with prison labor for the same crime several times.

Comprehensively taking account of these circumstances and the sentencing conditions expressed in the records and changes, the sentence (one year of imprisonment) set by the court below against the defendant is excessively uneasible and unfair.

3. Since the appeal is accepted by the prosecutor of the conclusion, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

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