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(영문) 인천지방법원 2016.09.08 2016노1958

야간주거침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the Defendant, who made a judgment, led to the confession of all crimes and reflects the mistake, and that some crimes were committed in attempted crimes, and that the sum of the amount of damage is not significant.

However, in full view of the following circumstances: (a) the instant crime committed by the Defendant intrudes upon the victims’ residence or committed property or committed attempted crimes by taking the door of the vehicle; (b) the Defendant was committed for the same kind of crime; (c) the Defendant was sentenced to one year to imprisonment on December 5, 2014; and (d) the enforcement of the sentence was completed on December 5, 2014; (d) the injury was not recovered properly; and (e) the Defendant did not agree with the victims; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the circumstances after the crime were committed, the lower court’s punishment is too unreasonable.

3. In conclusion, 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. It is so decided as per Disposition.