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(영문) 인천지방법원 2014.04.04 2013노3933
야간주거침입절도미수
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 include: (a) the Defendant recognized all of the instant offenses; (b) the thief was committed against the Defendant; and (c) the thief was committed against the attempted larceny; and (d) the victim was not punished.

However, the Defendant has already been punished for the same thief and several times. In particular, on March 25, 2010, the Incheon District Court was sentenced to imprisonment for one year and six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) in Busan District Court’s Branch on May 29, 201, and completed the enforcement of the sentence and repeated the thief in this case during the repeated period, and again again, during the repeated period, the Defendant attempted to steals the instant thief by infringing upon the residence during the night period, and the victim did not have his fingerprints, and without having to have his fingerprints worn his hand, was very poor in view of the relevant criminal law and the circumstances of the crime. The statutory punishment for the night thief and larceny is defined as “ imprisonment with prison labor for not more than 10 years” (Article 330 of the Criminal Act), and in full view of various records and arguments, it cannot be deemed that the Defendant’s punishment against the Defendant is too unreasonable.

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

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