beta
(영문) 부산지방법원 2016.10.07 2016노2674

야간주거침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

2. It is recognized that the circumstances such as the confession of all the crimes of this case and the fact that the defendant reflects his mistake in depth, and the fact that the defendant has a father/child to care.

However, the crime of this case is committed eight times in total by the defendant intrudes on the residence of the victim D, etc., theft of eight bicycles worth a total of 10,300,000 won owned by the victims, and theft of one bicycle equal to the market price of the victim's 4,80,000 won by intrusion upon the victim F's residence at night. In light of the method and contents of the crime, the crime is considerably poor, the defendant has been under the suspension of the execution one time of the same crime and three times of fines. In particular, on August 18, 2015, the Busan District Court sentenced two years of the suspension of the execution of one-year imprisonment with prison labor at night and at the Busan District Court on November 21, 2015, and it appears that the crime of this case was committed again during the suspension of the execution period, and since there is no agreement or change in circumstances after the court below was sentenced, there is no special recommendation or recommendation that the crime of larceny falls under the category and conditions of the crime of larceny, various types and the crime of larceny.