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(영문) 서울남부지방법원 2018.03.22 2017노2507
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant should return to his family as soon as possible for the proper growth of the children who were consulted with the defendant, a middle school student who was consulted with the defendant, and that the defendant did not commit a crime planned from the beginning, that the defendant was faithfully working at a certain workplace after release, that the defendant recovered direct damage before the defendant was arrested, and that the injured person was not punished by the defendant, punishment (ten months of imprisonment) sentenced by the court below is too unreasonable.

2. The sentence of imprisonment is inevitable, inasmuch as the Defendant committed the crime of larceny upon residence in the instant case, which is outside the statutory penalty, during the period of repeated crime, even though the statutory penalty is imprisonment.

However, there have been more favorable circumstances, such as the fact that the Defendant included the damaged materials in the instant postal service and contacted the victim by telephone, the victim expressed his intention not to punish the Defendant, the Defendant recognized the crime from the police to the police, the Defendant’s submission of rebuttals, etc., and the fact that his mistake appears to be divided by the following: (a) the Defendant’s family and the employee wished to leave the front line.

However, in light of the background and method of the crime, etc., the Defendant’s crime of this case is not less complicated (it is difficult to view that the Defendant committed contingent crimes in the whole period as claimed by the Defendant), and there are unfavorable circumstances such as not only the Defendant committed the crime of this case during the period of repeated crime resulting from the same crime, but also the Defendant committed the same criminal offenses.

In addition, there are no special circumstances or changes in circumstances that can be newly considered after the decision of the court below.

In addition, the age, sex, environment, motive, means and result of the crime of the defendant, the situation after the crime is committed.

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