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(영문) 춘천지방법원 강릉지원 2016.11.17 2016노433
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. A favorable circumstance, such as the fact that the Defendant recognized the instant crime and the amount of damage by each victim is relatively large, exists.

However, in full view of the circumstances such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, the sentence of the court below is too unreasonable, considering not only the fact that the defendant received juvenile protective disposition several times as a thief crime, but also the fact that the period of parole has elapsed since the execution of imprisonment with prison labor due to night, structure intrusion, theft, etc., and that the period of parole has not yet expired, but also the damage has not yet been recovered, etc.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition

(However, the phrase " November 24, 2015," among the repeated criminal records of the judgment of the court below, is obvious that it is a clerical error in November 14, 2015," and correction ex officio in accordance with Article 25 of the Rules on Criminal Procedure.

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