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(영문) 인천지방법원 2017.06.01 2017노1379
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (eight months of imprisonment) is too unreasonable.

2. The crime of this case is recognized as theft of property by the Defendant’s intrusion upon the instant structure two times at night. The Defendant recognized and reflected the instant crime, the amount of damage was 210,450 won in total, and the damage (22,450 won) of the crime committed on January 17, 2017 was entirely recovered.

However, there are eight cases where the defendant was sent to the juvenile protection case of the same kind of crime, one time as a fine for the same crime, one time as a suspended sentence (the suspended sentence was revoked as violating the duty to observe the protection), three times as imprisonment (the two times as a juvenile offender was sentenced to imprisonment). However, the crime of this case is not good to be committed again during the repeated crime period for the same crime, and there is little risk of theft of another person's property due to intrusion upon the structure at night, and the criminal law only provides imprisonment with prison labor by considering the seriousness of the crime, and it is inevitable that the criminal law only prescribes the criminal punishment for the crime of this case, and the sentence of imprisonment with prison labor is to be imposed on the defendant is not unfair by taking into account all other circumstances such as the defendant's age, sex, motive, means and consequence of the crime of this case, and the conditions of sentencing after the crime.

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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