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(영문) 서울남부지방법원 2018.12.21 2018노1886

야간건조물침입절도등

Text

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 all sentencing conditions on the records and arguments of the case, including the fact that the defendant's mistake is divided and reflected, and that the total amount of damage from intrusion upon structure at night of the case is relatively small, the defendant is recognized as having a history of having been punished by imprisonment with prison labor, etc. including the same kind of crime, the number of crimes is interviewed, the number of crimes is not certain, the defendant does not seem to have seriously endeavored to recover damage until the case is in the trial, and it is not easy for the victim to receive correspondence, and all sentencing conditions on the records and arguments of the case, the sentence imposed by the court below is judged appropriate, and it is too unreasonable, and the defendant's assertion is not reasonable.

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