[특수절도][공1979.11.15.(620),12240]
Whether destroying a door-to-door interest constitutes damage of door-to-door
If a property is stolen by destroying a door-to-door and a studio at night and by intrusion on a room, it constitutes a special larceny as it constitutes damage to a door.
Article 331 of the Criminal Act
Defendant
(National Ship) Attorneys Kim Jong-chul
Busan District Court Decision 79No1282 delivered on June 29, 1979
The appeal is dismissed.
50 days under detention after the final appeal shall be included in the original sentence.
The grounds of appeal by the defendant and his defense counsel are also examined.
It is natural that the application of special larceny in this case, which stolen property by destroying a door-to-door visit with a smoke-to-door store and food at night, and by intrusion upon a room, has been punished by the application of special larceny. Therefore, the argument that there is no violation of the application of the law in the original judgment maintained the judgment of the first instance court, and that there is no violation of the application of the law again in the original judgment, or that the sentence of the court below is unreasonable because the sentence of the court below is too heavy, shall not be a legitimate ground for appeal under Article 383 of the Criminal Procedure Act in this case where the punishment of the court below was pronounced for a maximum of 10 months by imprisonment with prison labor.
The issue is either groundless or groundless.
Therefore, the appeal shall be dismissed. Under Article 57 of the Criminal Act, 50 days of detention after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Sap-ho (Presiding Justice) Man-ho (Presiding Justice)