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(영문) 서울북부지방법원 2018.07.27 2018노757
야간주거침입절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable.

2. Although the victim E expressed his/her intention not to punish the Defendant at the investigative agency and there are circumstances such as the fact that some damaged articles were returned to the victims, the victims except the victim E do not have any means to express his/her intention not to punish the Defendant, the Defendant attempted several larcenys, attempted to larceny at night, and used another person's credit card repeatedly, and obtained and used the credit card.

In full view of the following: (a) the Defendant appears to have failed to endeavor to recover damage up to the time of the trial; (b) the Defendant was sentenced to a punishment for the same kind of crime in the past; (c) the Defendant was sentenced to a fine several times; (d) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; and (e) other sentencing circumstances, including the Defendant’s age, sex, family relationship, motive, means and consequence of the crime; and (e) the Defendant’s age, sex, family relationship, motive, means and consequence of the crime, etc., the Defendant’s

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

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