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(영문) 전주지방법원 2013.04.26 2013노238

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) is too unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. As to the grounds for appeal of this case, the Defendant recognized the crime of this case and divided it in depth, and the crime of larceny of the night structure of this case was mainly stolen by intrusion into child-care centers at night at night on the night without any person, and is not likely to do so, rather than night intrusion theft, it appears to be a living crime for board and lodging, and the amount of damage to the crime of this case is not large, and most of the damaged items were seized and returned to the victims, and the victim D wanted to take the Defendant’s front seat.

However, in full view of the various sentencing conditions of Article 51 of the Criminal Act, including the defendant's age, character and conduct, environment, background leading up to the defendant's crime of this case, means and consequence, the situation before and after the crime, etc., the sentence of the court below is too unreasonable, and thus, the defendant's allegation of unfair sentencing is not justified. Thus, the defendant's allegation of unfair sentencing is without merit.

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