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(영문) 서울남부지방법원 2018.10.23 2018노1254
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant was aware of the instant crime and opposed to his mistake.

Although the amount of damage has not yet been agreed with the victim, it seems that the mother has made a serious effort to recover damage together with the victim.

The defendant is still young and is a sincere member of society in the early 20th century.

The fact that the court is moving to this court is also favorable to the defendant.

However, the crime of this case is a 670,000 won in cash in the safe, which the defendant intrudes into a restaurant at night, and commits the crime of this case, and is bad.

In addition, the defendant was sentenced to punishment for larceny, and was released from prison after being sentenced to punishment for larceny, and was in the period of repeated crime. In addition, even though he was under the period of probation due to intrusion upon residence, he was not aware of it, and again committed the crime of this case.

Although the Defendant did not maler and maler of the instant crime due to the absence of money, the Defendant did not maler and maler of the instant crime, it does not appear to have an effort to seriously improve his character and conduct despite repeated crimes and punishment therefor.

While the judgment of the court below appears to have determined the punishment in consideration of the circumstances favorable to the defendant as seen earlier, there is no reason to reduce the punishment in light of the sentencing newly established after the judgment of the court below.

In addition, in full view of all the sentencing circumstances shown in the records and theories of this case, including the defendant's age, sex, family environment, background of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

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.

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