beta
(영문) 서울중앙지방법원 2019.09.20 2019노1656

상습야간건조물침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. The judgment of the defendant shows a reflective figure while attempting to commit the crime of this case, the total amount of damage does not seem to be very high, and the defendant's wife has a family member to support, and the defendant's wife appeals against the defendant while leading the crime of this case.

However, it is reasonable to respect the crime of this case again during the period of repeated crime, the method of committing the crime of this case was committed again during the period of repeated crime, the fact that the method of committing the crime was past, the victims' damage was not recovered, and the sentencing of the first instance court is not changed compared with the first instance court, and the first instance court's sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In a case where there is no special change in circumstances where the first instance court's sentencing is to be changed during the trial, and it is not revealed that there is no special change in circumstances where the first instance court's sentencing is to be changed, and in comprehensive consideration of various sentencing conditions, such as the character and behavior of the defendant, environment, motive, means and consequence of the crime, and the circumstances after the crime

The defendant's assertion of unfair sentencing is without merit.

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.