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(영문) 창원지방법원 2017.10.26 2017노2376
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. There are extenuating circumstances such as: (a) the fact that the Defendant recognized all of the crimes; (b) the Defendant was unable to keep the Defendant out of the poor family environment; (c) the Defendant appears to have committed each of the crimes of this case in order to maintain his livelihood; (d) the amount of damage by individual is not large; and (e) the total amount of damage is KRW 5 million; and (e) the Defendant has no history of having been sentenced to a suspended sentence or heavier punishment for the same crime.

However, in full view of the following circumstances: (a) the Defendant had been sentenced twice to a fine due to larceny, etc.; (b) the Defendant repeatedly committed each of the instant offenses before and after the time when he was punished due to the said larceny, etc.; (c) each of the instant offenses, like the above larceny, has occurred within a short period in the form of theft of property by intrusion upon the Defendant’s office, etc.; (d) there was a number of victims (36 persons) within the short period; (e) no agreement was reached with the victims; and (e) no damage was completely recovered; and (e) other circumstances, such as the Defendant’s age, environment, sex, circumstances leading to the commission of the offense, and circumstances before and after the commission of the offense, etc., it is not recognized that the sentence

3. As such, 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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