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(영문) 대구지방법원 2014.07.10 2014노1527

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.

2. The judgment of the defendant is in line with the defendant's mistake in depth, and the victim D does not want punishment against the defendant by mutual consent with the victim D.

There is a father and wife who must support the defendant, and family members appeal against the defendant.

However, the Defendant committed the instant crime even during the suspended execution period after being sentenced to imprisonment on October 10, 2012 and a two-year suspended execution on October 6, 2012, with the Defendant’s identification of the present door password by intrusioning the residence with a plan to steals the goods and installing a mera.

The crime of this case is a very intelligent and planned crime that is similar to the previous crime in that it is a very intelligent and planned crime that has adopted a special veterinary law to take advantage of the secret number of the entrance door of the victims after being replaced by a license, etc. prepared in advance in front of the disaster's front corridor, etc., which was installed, and then intrudes into the victim's house, and subsequently steals the property or attempted to steals.

In addition, considering the age, character and conduct, environment, etc. of the defendant and all the sentencing conditions shown in the pleadings, the sentence imposed by the court below cannot be deemed unfair because it is too unreasonable.

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.