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(영문) 인천지방법원 2015.06.25 2015노1409
상습절도
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unhued.

2. The fact that part of the stolen goods was seized and temporarily returned to the victims is favorable to the defendant, but the risk of the crime is high, such as destroying the windows beyond the body of another person, theft, etc., without agreement with the victims, multiple kinds of criminal records and criminal records, the crime of this case was committed since one month has not passed since the defendant was released, and it constitutes a repeated crime by committing the crime of this case. At the first investigation stage, it is doubtful whether the defendant led to confession of all of the crimes and presented objective evidence, and whether the defendant is against the truth, considering all the various circumstances, such as the defendant's age, character and conduct, motive, means and method of the crime of this case, and circumstances after the crime, etc., the prosecutor's assertion pointing this out is justified.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged by the court concerning the instant case and the summary of the evidence are the same as the stated in each corresponding column of the judgment below. Thus, all of them are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 332 and 329 of the Criminal Act applicable to the facts constituting an offense (generality of imprisonment and choice of imprisonment);

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

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