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(영문) 대전지방법원 2016.07.13 2016노850
상습절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The judgment of the defendant is recognized as favorable circumstances such as the defendant's time to commit the instant crime, and part of the crime is committed against the attempted crime.

However, according to the circumstances such as the fact that the defendant committed the instant crime even though he had been punished several times due to the same kind of crime, the total amount of damages, the fact that many victims have committed the same kind of crime repeatedly, the occurrence of many victims and the failure to agree with the victims, the victims have been punished, the defendant was forced to open the corrected entrances, windows, etc. of the victims' residence, and intrudes into the victim and has committed the theft crime. In light of the law and circumstances, it is extremely bad to the nature of the crime, the defendant committed the instant crime even though he had been punished several times due to the same crime, and was the repeated crime period.

Comprehensively taking account of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment 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 it is without merit. It is so decided as per Disposition (Article 364(1) of the Criminal Procedure Act on the ground that, in the application of the two-party 19 Acts and subordinate statutes, “the pertinent provision of the said Act on the criminal facts of 1.” (Article 332 and 329 of the Criminal Act on the criminal facts of 1.), and “Article 332 and 329 of the Criminal Act” on the 20th page of the same Act are each clerical error in the Criminal Procedure Act, and thus, it is obvious that the respective correction is made in accordance with Article 25(1) of the Rules on the Criminal Procedure.

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