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(영문) 인천지방법원 2017.03.09 2016노5232
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and is against the law, the amount of damage is not so significant, and the injured person wants to find the defendant's wife by agreement with the victim.

However, the crime of this case was committed by the defendant by intrusion into the victim's entrance at night, and theft of the victim's cash twice. At night, the risk of the crime of this case itself, which steals another's property by destroying the structure into the structure at night, has a considerable history of having been sentenced to imprisonment twice for the same crime, and even though the defendant is a repeated crime period, the defendant is going to commit the crime of this case, and in addition, in full view of various other circumstances, including the defendant's age, sexual conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the punishment 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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