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(영문) 서울중앙지방법원 2017.08.11 2017노1382
상습야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable because the sentence imposed by the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below shows the attitude of the defendant to make a confession of all of the crimes of this case and to reflect his mistake in depth, each crime described in Paragraph 2 of the judgment of the court below is recognized as a favorable circumstance such as the fact that the defendant himself revealed the facts of the crime to an investigative agency, that the defendant committed the theft crime, that the amount of the damage was only KRW 50,000,000,000,000,000,000 won, the defendant agreed with the victims of the larceny, that the defendant agreed that all of the victims of the larceny crime, that the defendant was living in a nursing center from the age of 7,00, and that the defendant's nurse and the church want to leave

However, the sentencing of the court below seems to have been made by fully taking into account the aforementioned various favorable circumstances, and there is no change in the sentencing conditions that could change the sentencing of the court below in the appellate court.

In particular, even though the defendant was habitually punished for larceny, he committed each of the crimes of this case while being under the probation, and also committed each of the crimes of this case, and the method of committing the crime is also the same as the previous crimes.

The light that is very serious in the defendant's attitude against the defendant is visible.

However, as long as the defendant committed a violation of the law identical to the previous crime even though he/she has become an adult who can lead an economic life, it is judged that the defendant is also responsible for his/her mistake and the opportunity to correct his/her personality and behavior.

In full view of these circumstances, comprehensively taking into account the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and all the sentencing conditions indicated in the instant records and arguments after the commission of the crime, it can be said that the sentence imposed by the lower court is too unreasonable.

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