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(영문) 청주지방법원 2018.11.30 2018노851
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant recognized all of the crimes of this case from the investigation stage to the truth and is against the truth, etc.

2. The fact that the defendant recognized all of the crimes of this case, and that the victim M does not want the punishment of the defendant is a favorable condition.

However, the Defendant intruded on another person’s residence 11 times more than five months, and stolen and stolen property worth KRW 9,700,000,000 in total, and committed a crime in terms of the frequency of the crime and the amount of damage. The Defendant was provisionally released from imprisonment for the same kind of crime and committed a crime of this case more than three days after the term of punishment expires, and thus, the risk of recidivism seems to be high, and the victims’ emotional distress seems to be considerable (see, e.g., the 14th page of the evidence record). In addition, comprehensively taking account of all the sentencing conditions as indicated in the arguments in the instant case, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment against the Defendant is unreasonable.

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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