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(영문) 창원지방법원 2014.10.29 2014노2050
야간건조물침입절도등
Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for eight months;

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and two months of imprisonment) excessively unreasonable.

2. The crime of this case was committed by the Defendant at night, by intrusion upon another person’s residence at night, or by impairing the glass of the parked vehicle into the vehicle, thereby thefting property exceeding the aggregate of 559,000 won, including cash, booms, walletss, and credit cards. The Defendant committed the crime of this case against many unspecified victims, and the Defendant committed the crime of this case at night, by impairing another person’s residence or destroying and damaging the window of a vehicle parked on a park at night, and intrusion upon it, causing bad quality of the crime; the Defendant had a record of punishment for the same crime in the past; the Defendant did not have agreed with the victims; there was no fact that the Defendant had agreed with the victims; and there was no fact that there was no damage from the crime of this case except for cash (104,00 won and credit cards) seized and temporarily returned to an investigative agency.

However, in order to raise living expenses while living in poor conditions, such as day-to-day labor and day-to-day care, etc., the Defendant has committed the instant crime. Therefore, the circumstances leading up to the instant crime are recognized. The victim C does not want the punishment of the Defendant, the Defendant is detained for about three months, and the Defendant has been detained for the period of three months. Considering the Defendant’s age, character and behavior and environment, the means and consequence of the instant crime, and all of the sentencing conditions specified in the records and arguments, the punishment imposed by the lower court is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is reasonable.

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