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(영문) 인천지방법원 2014.11.21 2014노3232
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 or 2 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The Defendant repeatedly intrudes on another person’s residence through a gate or window, which was not corrected, and then steals only cash, strip North Korea, precious metal, etc., on several occasions. In light of the above interview and professional criminal law, the circumstances leading to the crime and details, etc., the Defendant committed the crime was bad, and there was a record of having been sentenced to a suspended sentence of two years for imprisonment with prison labor in 2004 due to the crime of intrusion upon residence, theft, etc., and the fact that the Defendant did not take any particular measures to recover damage to the Defendant’s residence, which is disadvantageous to the Defendant.

However, in light of all of the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family environment, and circumstances after the crime of this case, the lower court’s punishment against the Defendant is too unreasonable, even if it is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 329 of the Criminal Act and Article 329 of the Criminal Act, Article 342 of the Criminal Act, Article 329 of the Criminal Act, Article 319 (1) of the Criminal Act, and Article 347 (1) of the Criminal Act concerning the crime.

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