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(영문) 대전지방법원 2013.08.21 2013노641

야간건조물침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the reasons for appeal (e.g., the form of punishment) and the fact that some of the damaged items were temporarily returned to the victim, the punishment sentenced by the court below (a year of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant is against the defendant, and that some of the damage was temporarily returned to the victim.

However, the crime of this case was committed by the victim D, who had been aware of business relations two times at night, with the body of the victim D having been involved in the crime of this case stolen it with an aggregate of KRW 520,000,000,00,000,000,000, and in light of the method of crime, etc., the crime of this case is not good. The defendant was punished by larceny around May, 2010; the defendant was punished by suspended sentence due to night building intrusion theft on or around December 201; it was not good for the defendant to have committed the crime of this case; in particular, on December 27, 201, the defendant did not appear to have committed the crime of this case; since he was sentenced to a suspended sentence of imprisonment with prison labor for one year due to night building intrusion theft at night, etc.; after being sentenced to a suspended sentence of two years, he did not appear to have committed the crime of this case and tried to return the defendant's character and behavior to another criminal investigation agency without being able to commit the crime.