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(영문) 서울중앙지방법원 2014.08.13 2014노1818
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of imprisonment of the first instance court (one year) is too unreasonable in light of the following: (a) the accused confessions and reflects the instant crime; and (b) the accused has no particular criminal record except for punishment once by a fine, etc.

2. In full view of various circumstances, including the Defendant’s age, character and behavior, environment, motive and method of the instant crime, circumstances after the crime, etc., the first instance court’s punishment is not unreasonable even if considering the favorable circumstances asserted by the Defendant, and the Defendant’s assertion is unreasonable, and thus, the Defendant’s argument is without merit. The Defendant’s assertion is without merit. In full view of the following circumstances: (a) the Defendant’s attempt to commit a larceny against the victim I who resided in the studio, along with his/her workplace rent, committed a larceny; and (b) the Defendant intruded into the restaurant that was working together with the said victim; (c) the Defendant did not recover from his/her voluntary damage; and (d) the Defendant’s failure to recover from damage; and (e) other circumstances,

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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