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(영문) 대전지방법원 2015.12.16 2015노2893
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence (one and half years of imprisonment, and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant appears to have the attitude of recognizing all of the instant crimes and reflecting the depth of the instant crimes; and (b) the Defendant was a person with a physical disability of Grade IV, who is somewhat poor.

On the other hand, the fact that the defendant was punished twice as a sentence due to larceny and five times as a suspended sentence due to the crime of larceny, and that the defendant committed the crime of this case without being aware of it during the suspended execution period due to the same crime, and that the victim's damage has not been recovered is disadvantageous to the defendant.

In full view of the above circumstances and other circumstances, such as the circumstances after the instant crime, age, character and conduct, family relationship, environment, occupation, etc., which are conditions for sentencing as shown in the records and pleadings, there is no change of circumstances that can determine the sentence different from the original judgment, the sentence imposed by the lower court cannot be deemed unfair since the sentence imposed by the Defendant is unlimited. Thus, the Defendant’

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

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