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(영문) 전주지방법원 2020.11.26 2020노1162
야간건조물침입절도등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

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

2. In light of the circumstances leading up to the instant crime, the method and content of the instant crime, etc., the number of times of the crime is extremely poor, the number of times of the crime is not significant, and some damage has not been recovered, and in particular, two years have been sentenced to imprisonment due to a special injury in the Jeonju District Court’s branch on January 18, 2018, and two months have not passed since the execution of the sentence was completed in the prison for North North Korea North Korea and North Korea on December 15, 2019. However, the Defendant committed the instant crime during the period of the repeated crime, while the Defendant was led to the confession and reflect of the instant crime, the partial larceny crime was committed, and the amount of the theft was not significant, and the most victims and most victims have been smoothly agreed to, and the records and arguments before and after the Defendant’s ageing environment, etc. are considered to be unfair and unfair.

3. The decision of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the crime and evidence against the defendant recognized by the court is identical to the corresponding column of the judgment below, and thus, it is cited 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, Articles 342 and 330 of the Criminal Act, Article 32 of the Criminal Act, and Article 329 of the Criminal Act concerning the selection of punishment;

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

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

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