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(영문) 서울동부지방법원 2015.07.29 2015노728

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. In light of the following: (a) the Defendant’s difficult circumstance appears to have significantly affected the instant crime by: (b) the Defendant committed the instant crime to raise the cost of living; (c) the victim P was temporarily returned; (d) the victim P’s family relationship and health was partially recovered; and (e) there were no circumstances to take account of the Defendant’s family relationship and health; (c) the number of the instant crimes is considerably high in 12 times; and (d) the Defendant continued a trial as of January 22, 2015 and February 3, 2015 on thief326, even though the Defendant continued to have been tried as of February 22, 2015; (d) the Defendant committed an additional thief (2014No8433) and the Defendant did not make a serious effort to recover the damage; and (e) the Defendant did not have been sentenced to punishment for the same kind of crime except for the damage temporarily returned; and (e) the Defendant’s punishment is unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.