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(영문) 서울서부지방법원 2014.04.04 2014노257

야간주거침입절도등

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 (ten months of imprisonment) is too unreasonable;

2. The fact that the Defendant’s judgment is against the Defendant, that the amount of damage caused by the instant crime is relatively small, and that the victim D wishes to have the Defendant’s preference, is an element of sentencing favorable to the Defendant.

However, in full view of the factors of sentencing unfavorable to the defendant and other various factors of sentencing indicated in the records of this case, such as the fact that the defendant did not agree with the victims or paid the amount of damage, and that the defendant had a criminal record for a series of identical crimes, the sentence of the court below against the defendant is adequate.

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.