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(영문) 서울북부지방법원 2015.12.10 2015노1757

상습야간건조물침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant committed the crime of this case in order to raise living expenses in the wife where the situation of living is extremely difficult, and there are some circumstances to consider the motive and background leading up to the crime of this case. However, the defendant has already been punished several times for the same crime of this case as the crime of this case, and the crime of this case has already been committed more than two months since the execution of imprisonment was completed due to the same crime of this case, and the defendant has committed the crime of this case as stated in No. 1 of the annexed list of crimes attached to the judgment of the court below since he did not know that he committed the crime of this case during a repeated period of 10 months, even though he did not know about that he committed the crime of this case during a repeated period of 10 months, and the number of victims of the crime of this case is not significant. Even though the total amount of damages suffered by the victims are not covered by the victims or agreed by the victims, etc., the defendant's age and circumstances before and after the defendant's age of this case, etc.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, the summary of the court below's judgment's "1. E, F, G, H, and I's respective police statements" is clearly erroneous in "1. E, F, G,W, and I's respective police statements". Thus, it is corrected as ex officio correction in accordance with Article 25 (1) of the Rules on Criminal Procedure.