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(영문) 수원지방법원 2020.11.26 2020노5123
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. It is recognized that the Defendant recognized the instant crime and reflects the fact that the Defendant committed the instant crime, the fact that the Defendant appears to have committed the instant crime due to his living conditions, the total amount of damage is not relatively large, and there is no history of criminal punishment exceeding the fine.

However, the crime of this case is committed by taking into account the following factors as the person who intends to purchase real estate and then steals precious metals, cash, cards, etc. after entering the victim's house, and by taking advantage of the stolen M card, taking money charged with the accident accident card at convenience stores using the stolen M card, and thus, the crime is very poor in light of the content of the crime and the method of the crime, the number of times, etc., and the responsibility for the crime is very heavy, and the defendant was not recovered, and the defendant did not receive any suspicion from the victims, and there has been a history of criminal punishment several times, and the defendant has the age, career, career, character, environment, motive and circumstance of the crime, means and consequence of the crime, and the sentencing of the similar case, which is the same as the sentencing conditions in the records and arguments of this case, such as the circumstances after the crime, it cannot be deemed that the sentence against the defendant is unreasonable.

Therefore, the defendant's above assertion is without merit.

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

(However, among the facts charged in the case of 2020 Godan2047 in the decision of the court below, the portion of "the total market price of approximately KRW 4,708,000 has been stolen over five times in total, such as the list of crimes in the attached Form No. 9 through No. 10, among the facts charged in the case of intrusion and theft" was invaded on the victims' residence five times in total, as shown in the list of crimes in the attached Form No. 9.

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