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(영문) 대구지방법원 2020.04.02 2020노374
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (an offence No. 1 in the original judgment: Imprisonment with prison labor for 4 months, and a crime No. 2 in the original judgment: a fine of 5 million won) declared by the lower court is too unreasonable.

2. It appears that the mental illness suffering from the defendant was the cause of the crime of this case. In the case of the crime of Article 1 of the judgment of the court below, the defendant paid the victim the amount of damage to the victim of the case of this case, and the defendant did not want the punishment of the defendant, and the punishment should be determined in consideration of equity with the case of larceny and night-use building theft, etc., for which the judgment of the court below became final and conclusive, and in the case of the crime of Article 2 of the judgment of the court below, the defendant discharged the amount of damage to the victim, but the defendant began to commit the crime of this case even though the defendant was prosecuted for the same crime, and the probation judgment of the court below started to commit the crime of this case, and the defendant continued to commit the crime of this case, two times of suspended sentence due to the same crime, two times of fines, and all of the sentencing conditions specified in the records and arguments of this case including the defendant's age, character and behavior, environment, family relationship, etc., it is not reasonable

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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