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(영문) 청주지방법원 2020.09.25 2020노841
야간건조물침입절도등
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 summary of the grounds for appeal that the court below sentenced the defendant (one year and six months of imprisonment) is too unreasonable.

2. Each of the instant crimes committed by the Defendant, at night, is an unfavorable circumstance to the Defendant, such as: (a) the Defendant intrudes into another person’s residence or structure and steals things or money from a restaurant, matet, etc.; or (b) duplicating and drinking in a building without permission; (c) the frequency of the crime; (d) the time and risk of the crime; and (e) there is a criminal record of being punished by a fine for intrusion upon residence and larceny.

However, taking into account the following circumstances: (a) the Defendant recognized and against the crime; (b) the victim D, the victim E, the victim Q, the victim G, theO, the victim Q, the victim Q, and the victim Q, among which they were returned of the damaged goods; (c) the victim D, the victim E, the victim E, and the victim Q did not want to be punished; and (d) the living type crime and the theft damage amount was not much large; and (b) other sentencing conditions that are favorable to the Defendant, such as the Defendant’s age, occupation, character and behavior, environment, motive, means and consequence of the crime; and (c) all the sentencing conditions specified in the instant records and pleadings

3. As the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment shall be rendered again.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning facts constituting an offense, and Article 330 of the Criminal Act, Article 329 of the Criminal Act, Article 329 of the Criminal Act, and Article 319 (1) of the Criminal Act (the point of entering a structure and the choice of imprisonment) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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