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(영문) 춘천지방법원 강릉지원 2014.10.07 2014노316
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant led to the confession and reflection of the offense; (b) the agreement with the victim D was reached in the first instance; (c) the amount of damage is relatively minor; and (d) the Defendant is in cadastral disability

On the other hand, the Defendant committed larceny by intrusion upon another person’s residence by releasing the entrance door at night at night, etc. on March 12, 2014, which was sentenced to the suspension of the execution of imprisonment with prison labor for the same crime, and two months. In light of the risk of the method of crime, the liability for the crime is disadvantageous.

In full view of the various sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, character and conduct, the motive and consequence of the instant crime, the means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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