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(영문) 서울북부지방법원 2020.06.05 2020노414
절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The judgment of the court below was based on the following facts: each of the crimes of this case was stolen from five victims by the Defendant’s intrusion into the construction site, etc. on four occasions, and the method, contents, frequency, etc. of the crime is not less exceptionally in light of the method, contents, and so forth.

Until now, three victims did not reach an agreement, and have not been recovered from considerable damage.

Not only seven times of punishment for the same crime, but also the defendant has repeatedly committed each of the crimes of this case during the period of repeated crime due to the same crime.

In particular, on May 18, 2018, the Defendant was investigated into the instant investigation agency on May 7, 2018 by committing the instant crime of intrusion on a building and larceny (2018 Godan20141) and committed the instant crime of intrusion on a building and larceny (2018 Godan2648) on June 9, 2018, and was arrested on June 18, 2018 as the instant crime of robbery at night (2018 Godan2648) and was released on May 16, 2019, while the Defendant was absent in the trial procedure at the lower court on September 26, 2019.

Such circumstances are disadvantageous to the defendant.

However, the Defendant appears to have committed each of the crimes of this case, and the amount of damage to each of the crimes of this case is not relatively large, and the Defendant agreed with C on May 7, 2018 with L/W on September 26, 2019 (2019No. 5381). The Defendant’s age, character, character, intelligence and environment, motive and circumstance of the crime of this case, means and consequence, circumstances after the crime, criminal records, family relations, economic circumstances, etc. are all the factors of sentencing as indicated in the instant case.

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