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(영문) 수원지방법원 2015.10.28 2015노2872
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the facts that the defendant led to the confession and reflect of each of the crimes of this case, that the amount of damage is not significant, that part of damage was returned to the victim, and that the health is not good, each of the crimes of this case is committed by the defendant by repeatedly intrusion upon another person's residence four times repeatedly during the night hours, and the nature of the crime is not good in light of the method, frequency, contents, etc. of the crime, and the defendant committed each of the crimes of this case in this case, not only has been punished several times for the same crime but also has the record of having been punished several times in the past, but also has not been recovered from actual damage to the trial, and the circumstance after the crime was committed, such as escape after being sentenced to suspension of detention due to health problems during the trial process of the court below, and considering all other circumstances such as the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, the defendant's assertion of punishment is 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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