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(영문) 인천지방법원 2014.11.12 2014노3318
야간주거침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

The Defendant asserts that the lower court’s punishment is too unreasonable as the grounds for appeal of this case are too unreasonable.

In full view of all the sentencing conditions shown in the records and arguments of this case and the fact that the defendant is the first offender and the defendant, the court below's punishment is too unreasonable.

Therefore, since the defendant's appeal is well-grounded, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following is ruled again.

Criminal facts

The summary of the evidence and the criminal facts of the defendant recognized by this court and the summary of the evidence are the same as the corresponding columns of the judgment of the court below, and thus, they shall be quoted by Article 369 of the Criminal Procedure Act

Application of Statutes

1. Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 70 (1) 3 of the Specialized Credit Financial Business Act, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 231 of the Criminal Act, Article 234 of the Criminal Act, each of the choice of imprisonment, and each of the choice of imprisonment.

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court Decision on the Grounds for Appeal);

1. Probation and community service order under Article 62-2 (1) and (2) of the Criminal Act, the main sentence of Article 62-2 (2) of the Probation,

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