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(영문) 서울남부지방법원 2016.09.02 2016노1175
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., in a state of delinquency in the second month wage at the time when the instant crime was committed, and due to insufficient living costs, the instant crime was committed; the lower court determined that the Defendant was the Defendant by mutual consent with the victim; and that there was a family member who had faithfully been engaged in and has been supported by the Defendant after the instant crime, the sentence of imprisonment (six months) imposed by the lower court is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the sentencing of the lower court does not seem to be too heavy beyond the reasonable scope of discretion, considering the following factors: (a) the Defendant’s past record of criminal punishment including larceny five times is 25 times; (b) each of the crimes of this case is committed during the same repeated offense period; and (c) in light of the fact that the Defendant repeats the crime, it is doubtful that his mistake is divided solely; and (d) the circumstances alleged by the Defendant without any particular difference with the sentencing conditions of the lower court are already reflected in the sentencing; and (d) other various sentencing conditions indicated in the instant case, including the Defendant’s age, character and behavior, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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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