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(영문) 서울남부지방법원 2015.09.25 2015노1141

상습야간건조물침입절도

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The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment defendant recognized the entire crime and reflects it.

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, background and contents leading to the instant crime, and circumstances after the instant crime, the sentence of the lower court cannot be deemed to be excessively unreasonable, by taking account of the following: (a) the Defendant’s property was stolen from many victims or committed an attempted crime at least 57 times a year and 9 months; (b) the Defendant’s history of having been punished for a larceny crime reaches five times; (c) the Defendant did not take measures to recover from damage; and (d) the Defendant’s age, character and conduct, circumstances leading to the instant crime; and (e) the sentencing conditions

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.