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(영문) 서울동부지방법원 2016.03.25 2015노1596

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The judgment of the defendant is divided into and against his mistake, and that the defendant has compensated the victim of the thief crime of this case, and that the victim has not been punished may be considered as normal data favorable to the defendant.

However, the crime of this case by the defendant was committed by intrusion upon the residence and theft of precious metals, and the nature of the crime is very serious.

The defendant committed the same crime several times, and in particular, on January 2015, the defendant committed the crime of intrusion into the residence and larceny of this case again only for a few months, even though he was sentenced to a suspended sentence of 2 years of imprisonment for the purpose of intrusion into the residence and larceny of this case.

In addition, the defendant has recently been punished for drinking driving two times, and even though the driver's license has been revoked, he has repeatedly driven without a license.

Considering the circumstances that led to the commission of crime, the sentence of the court below is not heavy even when taking into account the aforementioned favorable normal data, in light of the circumstances, such as the background leading up to the commission of crime, the age of the defendant, sex, and environment.

3. 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.