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(영문) 서울동부지방법원 2019.10.31 2019노1010

야간건조물침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (six months of imprisonment and the suspension of execution) is too unreasonable;

2. The fact that there is no record of performing the same kind of crime, the fact that the damage is minor, and the confession and reflects the crime are the grounds for sentencing favorable to the defendant.

However, in full view of the factors indicated in the records and arguments of this case, including the fact that the nature of the crime was not less and less severe than that of another person's property by intrusion upon a structure at night, and that there was no agreement with the victims, the lower court's sentencing against the defendant seems to have been appropriately determined by fully considering all the circumstances, including the various sentencing factors asserted by the defendant, and no special circumstance exists to the extent that the lower court's punishment should be changed.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so. It is so decided as per Disposition.