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(영문) 대전지방법원 2016.02.16 2015노4065
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the confession and reflection of a crime, the agreement with five victims, etc.

B. Meanwhile, although the Defendant had been sentenced to punishment for the same crime seven times, the Defendant committed the instant larceny repeatedly in a way that intrudes upon the victims’ residence during the repeated crime period, and thus, the nature of the crime is very heavy.

In addition, considering all of the sentencing conditions indicated in the instant case, such as the Defendant’s age, family relationship, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

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.

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