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(영문) 대구지방법원 2015.10.02 2015노3163
상습절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is highly poor in light of the following: (a) the Defendant made confession of all the crimes of this case while committing the crime of this case; (b) most victims other than the victim of the crime of this case agreed to commit the attempted crime except for the victim of the crime of this case; and (c) there are most family members to support the crime of this case. Meanwhile, the crime of this case has been committed since July 2, 2014 through April 12, 2015 by the Defendant intrudes upon another's residence over 20 times, and repeatedly steals property owned by the victims; (d) the period and frequency of the crime; (e) the method of the crime of this case and its interview; and (e) the risk of the crime of the Defendant itself that can expand or develop as serious crimes; (e) the amount of damage caused by the crime of this case exceeds 30 million won in total; (e) the period of punishment of the Defendant has been subject to criminal punishment for the same kind of crime of this case; and (e) the Defendant's new motive or circumstances after the execution period of this case had been sentenced to imprisonment.

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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