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(영문) 서울중앙지방법원 2015.07.09 2015노1589

야간건조물침입절도등

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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. In full view of the following circumstances, the lower court’s sentence imposed on the Defendant is unlimited and unreasonable, and thus, does not accept the Defendant’s assertion, on the grounds that the Defendant’s confessions and reflects the judgment on the grounds for appeal, and that the crime on December 1, 2014 among the facts charged in the instant case was brought by the investigative agency by itself.

Each of the crimes in this case appears to have been committed under a fatal plan.

The number of damages caused by each of the instant crimes exceeds KRW 100 million.

The damage was not recovered at all.

On November 17, 2014, the Defendant committed each of the instant crimes during the suspended execution period, even though he/she was sentenced to a suspended sentence of ten months for committing a violation of the Act on the Control of Narcotics, Etc. at the District Court on October 17, 201, and the said judgment became final and conclusive on November 25, 2014.

At night, the defendant has been sentenced to four years of imprisonment with prison labor due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a crime of forging private documents, or a crime of uttering of falsified investigation documents, etc., which stolen a passbook by entering an empty office through window and withdrawn a deposit.

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