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(영문) 대구지방법원 2013.07.25 2013노1655
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (Article 1-1(a) of the original decision: Imprisonment with prison labor for two months and Article 1-2(b) of the original decision and Article 1-2(b) of the original decision are too unreasonable.

2. The judgment of the defendant recognized each of the crimes of this case and is pening in depth.

The damage is relatively minor, and the victim D and G do not want to punish the defendant.

No. 1-A of the judgment of the court below.

The crime is one of the concurrent crimes in the latter part of Article 37 of the Criminal Act with nights, intrusion and larceny for which judgment has become final and conclusive.

However, on February 15, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor or 2 years of suspended execution due to night intrusion theft, etc. on February 15, 2013, and committed the first crime of this case only 4 days, and Article 1-B of the judgment below.

Crimes and crimes of Nos. 2 are committed during the period of suspension of execution.

Each of the crimes of this case was committed by intrusion upon a community hall at night and attempted to steals or steals things, and the nature of the crime is not somewhat weak.

In addition, considering all the sentencing conditions shown in the records and arguments of this case, such as the age, character, conduct and environment of the defendant, the sentence imposed by the court below cannot be deemed to be too unreasonable.

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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