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(영문) 창원지방법원 2020.01.09 2019노2022
절도등
Text

The judgment of the court below is reversed.

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

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. Although the Defendant had several records of punishment for the same kind of crime, and had been convicted of the suspension of indictment before several months, the Defendant committed each of the crimes in this case.

The value of stolen money and valuables is very large.

In light of these circumstances, it is necessary to punish the defendant strictly because not only the nature of the crime of the defendant but also it is difficult to see that the possibility of recidivism is low.

However, the Defendant was detained in prison for six months after the crime of this case, and is in profoundly against his mistake.

Most of the damages were recovered, and the victim does not want to be punished against the defendant by agreement with the victim.

In addition, the criminal defendant's punishment and the fees of the workplace want to take the defendant's preference while leading the criminal defendant, and the criminal defendant is also expected not to repeat the criminal defendant by receiving a mental treatment in the future.

Such circumstances should be considered in light of the circumstances favorable to the defendant, and comprehensively taking account of the defendant's age, character and conduct, environment, circumstances leading to the crime, and circumstances before and after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below. Thus, it is acceptable to accept them as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 319 (1) (the point of entry into residence) of the Criminal Act concerning facts constituting an offense, the choice of punishment, and the Criminal Act;

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