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(영문) 부산지방법원 2019.07.26 2019노1597
야간주거침입절도등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The court below rejected the application for compensation by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the dismissed portion is excluded from the scope of the adjudication by this court.

2. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) of the lower court’s sentence is too unreasonable.

3. The crime of this case committed by the Defendant by intrusion upon the Victim B’s house at night, stolen the property amounting to KRW 1,328,00,00, and then acquired the stolen goods by purchasing the goods by the credit card B from among the stolen goods, and then stolen the goods by intrusion upon the victim J’s house at night, and then stolen the goods by intrusion upon the victim J’s house at night, and by taking away the goods from the victim’s house in front of the victim L’s house entrance.

The defendant was sentenced to a suspended sentence for the same crime, and committed the crime of this case during the suspended sentence.

In addition, in the case of night-time larceny and night-time larceny, there is a very poor way to commit crimes against the house in which victims are self-employed.

Considering these circumstances, it is inevitable to strictly punish the defendant.

However, in the appellate trial, the defendant is against all of the crimes of this case.

The value of stolen articles by the defendant is relatively little, and the defendant returned some damaged articles to the victim B.

In addition, considering the defendant's age, environment, family relations, motive of crime, means and result of crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the court below's punishment against the defendant is considered unfair.

The defendant's assertion of unfair sentencing is justified.

4. As the appeal by the defendant is well-grounded, the part of the judgment below excluding the compensation order pursuant to Article 364(6) of the Criminal Procedure Act.

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