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(영문) 서울동부지방법원 2016.06.24 2016노511

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the injured party is not able to be punished by the defendant by compensating the injured party for the damages of the defendant, and that the injured party does not repeat again by reflecting his mistake.

However, in full view of the following circumstances: (a) the Defendant was sentenced to imprisonment for a year and two months for habitual larceny in 2015; and (b) the Defendant committed the instant crime at issue on June 22, 2015; and (c) the Defendant committed the instant crime at bar only for six months and six months after the execution of the said imprisonment was completed; (b) the Defendant invaded upon his residence at night and stolen precious metals; (c) the nature of the instant crime was serious; and (d) other circumstances that are conditions for sentencing, such as the Defendant’s age and environment, the sentence imposed by the lower court is not heavy, even if taking into account the favorable normal data as seen earlier.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.