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(영문) 의정부지방법원 2013.05.03 2013노426
야간방실침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant has the history of being punished for the same crime, and the crime of this case is a crime committed during the period of repeated crime, and the victims committed by the victim's intrusion into a room in accommodation at night and it seems reasonable that the victims' mental damage is also reasonable. However, in full view of all the circumstances such as the defendant's age, character and behavior, environment, family relationship, circumstance and details leading to the crime of this case, and circumstances leading up to the crime of this case, etc., the sentence imposed by the court below against the defendant is somewhat unreasonable, and the defendant's above assertion is reasonable.

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.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the corresponding columns 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. Relevant Article 330 of the Criminal Act concerning facts constituting an offense (a crime of larceny at night), Articles 342 and 330 of the Criminal Act (a crime of larceny at night);

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, or Article 50 of the Criminal Act (aggravated Crimes prescribed by night, residence, intrusion, or larceny heavier than the offense), among concurrent crimes;

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