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(영문) 광주지방법원 2017.11.21 2017노3292
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes, and the lower court and the lower court agreed with some victims or deposited for the recovery of damage.

However, each of the crimes of this case committed a violation of the Act on Fraudulent and Credit Specialized Financial Business by blocking the Defendant from committing a crime, such as intrusion into residence, theft, and night residence intrusion larceny, on several occasions within a short period of time, which does not exceed three months, and committing such crime. In light of the repetition of the crime, danger of the method of crime, etc., the nature of the crime is considerably heavy.

Although the Defendant had committed a crime similar to this case and had been punished as a suspended sentence of imprisonment, he again committed each of the crimes of this case.

Although the defendant agreed with one victim in the trial of a party and deposited one victim in the court, the amount of damage is not significant in the whole crime, and there is no particular change in sentencing conditions compared with the original court.

In full view of all the circumstances, including such circumstances as above, the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, etc., as shown in the records and arguments of this case, even if considering some changes in the circumstances at the trial, the lower court’s punishment is only within the scope of reasonable discretion and is too unreasonable.

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. It is so decided as per Disposition.

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