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(영문) 수원지방법원 2015.02.12 2015노218

야간주거침입절도

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (six months of imprisonment) is too unreasonable.

However, there are circumstances favorable to the defendant, such as the fact that the victim D's damage due to the crime of this case is merely 198,000 won, that the defendant deposited 30,000 won with the victim as the deposited person at the court below, and that the defendant recognized the mistake and reflected it.

However, in light of the content, motive, means, methods, risks, etc. of the instant crime, the nature of the instant crime is not good.

The Defendant committed the instant crime without being able to do so during the period of repeated crime due to a violation of the Punishment of Violences, etc. Act (joint violence) even though there are many criminal records, including punishment sentenced once by larceny, etc., it is inevitable to sentence the Defendant to the punishment.

Considering that the victim’s refusal to receive the above deposit amount and the fact that the victim wants to punish the Defendant, and all other circumstances that form the conditions for the sentencing specified in the instant case, the lower court’s sentencing cannot be deemed to be too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.