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(영문) 대구지방법원 2013.09.13 2013노2218
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the defendant led to the confession of the crime of this case and attempted to repent of mistake; and (b) the damaged goods were all recovered to the victim by larceny, etc.; (c) the punishment of this case was 4 times (the 1996 and 1 year imprisonment of 1996 and 2008, a fine of 3 million won in 2010, a suspended sentence of 2 years in 2011, and 2 years in 2 years in 2011), and on September 20, 201, which was sentenced to a suspended sentence of 2 years in 6 months in 20 years in 200, after being sentenced to imprisonment with prison labor due to larceny, etc. on September 28, 2011; (d) the defendant committed the crime of this case at once in advance during the suspended sentence; and (e) the defendant prepared to stop the theft crime; and (e) the defendant committed the crime of this case by taking account of the age, character, family relationship, method and circumstances of this case;

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

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