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(영문) 대구지방법원 2015.07.07 2015노1853
상습야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and four months of imprisonment, a short term of ten months) is too unreasonable.

2. The judgment of the defendant recognized the error of the crime of this case and is in depth against it.

The defendant has yet to be aged as a juvenile, and the defendant is also able to have a self-refiscing situation in his family environment from the time when he was married to his family.

However, even though the defendant was subject to juvenile protection disposition several times for the same crime, he committed the crime of this case.

The crime of this case committed by intrusion on the commercial points at night and theft of cash, etc. at night is not less than KRW 45 million in light of the frequency, period, method, and amount of damage, etc. of the crime.

Until the trial, damage recovery or most victims did not reach an agreement.

In addition, considering the age, character and conduct, environment, family relationship, etc. of the defendant and all the sentencing conditions shown in the arguments, the sentence imposed by the court below is too unreasonable.

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

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