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(영문) 대전지방법원 2018.12.20 2018노3018
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: The punishment sentenced by the court below (10 months of imprisonment) which is unfair in sentencing is too unreasonable.

2. The Defendant had a record of six criminal punishment (two times of criminal punishment) and one-time juvenile protective disposition for the same crime. In particular, on October 19, 2017, the Defendant was sentenced to eight months of imprisonment by special larceny, etc. at the Incheon District Court on December 22, 2017 and committed the instant crime of the same kind in the period of repeated crime for which eight months have passed since the execution of the sentence was completed, and the Defendant committed the instant crime in the same manner during the repeated crime period for which eight months have passed thereafter. In light of the Defendant’s criminal record, the Defendant was highly weak to observe law and the risk of recidivism is high.

In light of the fact that the defendant recognized the crime of this case, the amount of damage caused by the crime of this case is relatively less than the amount of damage, and the remaining damage caused by the crime of this case except a part of cash is returned to the victim, etc., the punishment imposed by the court below is too heavy, even considering the favorable circumstances

shall not be deemed to exist.

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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