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(영문) 수원지방법원 2015.03.11 2014노7617

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the defendant led to the confession and reflect of the crime of this case, and the defendant deposited 180,000 won, which is the amount of damage, for the victim D when it came to the trial, and there are favorable circumstances that all the rest of the damage appears to have been returned to the victims.

However, in light of the overall review of various circumstances, including the following: (a) the Defendant committed the theft of this case, even if he was punished several times as a crime of cutting off high level as in the instant case; (b) the Defendant is highly likely to be subject to criticism; (c) the Defendant committed the crime of this case; (d) the Defendant committed the joint larceny, etc.; (c) the Defendant committed the crime of this case; (d) the Defendant was at risk of being transferred to the victim by committing the crime of this case; (e) even though the amount of damage was relatively small; (e) the Defendant’s efforts was made to recover from victims; (e) whether the damage was repaid or not can not be the cause of conclusive sentencing; and (e) the need to isolate the Defendant from society

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.