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(영문) 창원지방법원 2021.02.17 2020노2903
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (defendants) (one year of imprisonment and confiscation) by the lower court is too unreasonable.

2. The judgment of the defendant intrudes on the Lestocs operated by another person at night, steals things, and in the end, the case of each of the crimes of this case causing bodily injury is not weak. In particular, the defendant could cause harm to the life of the victim, the defendant did not receive a letter of suspicion of the victims, and the defendant has a power to be punished by imprisonment with prison labor due to the crime related to larceny or violence.

On the other hand, it is advantageous to the fact that the defendant reflects the defendant's wrong, that considerable part of the stolen damage has been recovered, and that the defendant's health is not good.

In full view of these circumstances, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines as shown in the instant argument, the lower court’s sentence cannot be deemed unfair because it is too unreasonable.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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