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(영문) 서울동부지방법원 2015.10.29 2015노1032

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment with prison labor and one year and two months of imprisonment with prison labor for the remaining crimes) declared by the court below is unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant’s confession and reflects all of the instant crimes; (b) there is a family member to support; and (c) some of the crimes must be considered together with the crime of fraud by using computers, etc. as indicated in the final judgment.

On the other hand, the Defendant again committed the instant crime without being aware of the fact that he had been punished several times due to the same type of crime, such as fraud and larceny, and the fact that some of the crimes were committed during the period of repeated crime, and that the amount of damage exceeds 70 million won, which was not agreed with the victims, and that there was no measure to recover damage.

In light of the above circumstances and other various sentencing conditions under Article 51 of the Criminal Act, such as the defendant's age, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime, it is not deemed that the sentence imposed by the court below 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.