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(영문) 대전지방법원 2015.09.03 2015노1926
야간주거침입절도등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (10 months of imprisonment) is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake against himself/herself; (b) there is no record of criminal punishment other than the punishment imposed twice by a fine; (c) the Defendant grow up in an influenced family environment; (d) the Defendant committed each of the instant crimes due to difficulties in economic circumstances; and (e) the Defendant’s wife to support the Defendant and his/her dependants.

However, in light of the type, frequency, etc. of the crime, the crime of this case was stolen by intrusion upon a residence at night or on seven occasions, and the liability for the crime was grave, the victim did not agree, and some thefts did not completely recover from damage, except for those provisionally returned, and there is no change in circumstances to change the sentence after the decision of the court below. Other factors such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and various sentencing conditions such as Defendant’s age, character and behavior, crime, etc., and the range of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Commission as to each of the crimes of this case, crimes Nos. 1, 2, 3: 4th category of larceny for general property, special ducator, decision on the recommended range of punishment, recommendation range (a mitigation area), : Imprisonment from August 29 to August 29, 198.

3. The Defendant’s appeal is without merit, and thus, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition, and pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 319 of the Criminal Act, which is the second half of the judgment of the court below, shall be corrected to Article 319(1) of the Criminal Act.

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