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(영문) 제주지방법원 2013.04.11 2013노81

야간주거침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below did not want the victim to return all damaged goods and the defendant's punishment. However, on June 4, 2010, the defendant was sentenced to five months of imprisonment with prison labor for night-time structure intrusion larceny at the Jeju District Court and completed the execution of the sentence on October 30, 2010, and there are more than two times the same records of imprisonment with prison labor due to night-time structure intrusion larceny, larceny, robbery, robbery, robbery, and robbery. The crime of this case was committed by the defendant in intrusion upon the victim's house by allowing him to open a door by leading him to his house at night, and thus, the nature of the crime was weak, and all other factors of sentencing as shown in the records, such as the defendant's age, character and conduct, and family environment, it cannot be deemed that the sentence of the court below against the defendant is too unreasonable.

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