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(영문) 서울동부지방법원 2012.12.21 2012노1370
야간건조물침입절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (4 months of imprisonment) is too unreasonable.

2. The crime of this case was committed in the course of attempted crime and the damaged goods were recovered to the victim, and the defendant was found to have agreed to the victim, but on October 21, 2010, the defendant was sentenced to a suspended sentence of six months by larceny, etc. at the Seoul Northern District Court (Seoul Northern District Court). Meanwhile, the defendant was sentenced to a suspended sentence of six years by imprisonment at the time of the crime of this case, and the defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor at the time of the crime of larceny and intrusion into a structure on April 26, 2012. In addition, the defendant was sentenced to a suspended sentence of six months by the Seoul Northern District Court on April 26, 2012 and was released as a detained decision after the lapse of the original sentence, and again committed the crime of this case again, the nature and nature of the crime was poor, and the conditions of sentencing specified in the argument of this case, such as the defendant's age, character and environment, motive, means and consequence of the crime, are not justified.

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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