beta
(영문) 수원지방법원 2014.07.24 2014노3078

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (two months of imprisonment and a fine of three hundred thousand won) against the Defendant based on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below is divided into the defendant's mistake, stolen Baba left the victim's cafeteria near the E-cafeteria operated by the victim, leaving it back to the victim, and all other night buildings intrusion thefts did not cause physical damage to the victim. However, there are criminal records of the same kind, which the defendant was punished as the crime of larceny and Road Traffic Act (unlicensed Driving). The crime of this case was committed during the suspension of execution after being sentenced to imprisonment of one year for the crime of larceny and intrusion upon residence for one year in 2013, and all other sentencing conditions as shown in the records and arguments of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, and circumstances after the crime, etc., it cannot be said that the sentence imposed by the court below is heavy.

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.