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(영문) 수원지방법원 2015.09.23 2015노4448
상습야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant led to the confession and reflect of the crime of this case, agreed with 53 victims, deposited money equivalent to the amount of damage for 18 victims, and the mother and her mother want to take the action against the defendant in favor of the defendant.

However, in full view of the following circumstances: (a) the Defendant had three identical criminal records; (b) the frequency of the instant theft crime has reached 113 times; (c) the sum of the fraud amount exceeds nine million won; (d) the risk and quality of the instant criminal act, such as the theft of property by intrusion upon another person’s residence; (b) the risk and poor nature of the crime; and (c) no compensation has been made to the other victims up to the trial; and (d) other circumstances that are conditions for sentencing indicated in the records, such as the character, character, age, family relationship, motive and background of the crime, means and consequence of the crime; and (e) the punishment imposed by the lower court is 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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