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(영문) 창원지방법원 2013.05.09 2013노276
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the mother of the defendant died before one month prior to the instant crime, and that the mother of the defendant is living together with the mother of the defendant, and that the defendant is living together with the defendant in the state of full exploitation, that the defendant is living together with the defendant, and that the defendant is living together with the defendant, and that the defendant is acting against the instant crime, the punishment of imprisonment (ten months of imprisonment) imposed by the court below is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, even if the Defendant asserts, there is no agreement with the victim, and the Defendant has been punished several times for the same or similar crimes in the past (six times of imprisonment with prison labor). On July 16, 2010, this Court sentenced ten months to imprisonment with prison labor for the crime of larceny at night and on December 4, 2010, which committed the instant crime even during the repeated period after the execution of the sentence was completed, even though he/she committed the instant crime. In full view of all the circumstances, including the character, conduct and environment of the Defendant, the background and consequence of the instant crime, the circumstances after the instant crime, etc., and the conditions for sentencing as shown in the records and arguments, it cannot be said that the sentence imposed by the lower court is unreasonable. Thus, the above argument by the Defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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