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(영문) 창원지방법원 2013.08.22 2013노980
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in light of the following: (a) the Defendant was returned to the Victim Q Q, who stolen the Defendant, without obtaining any amount from each of the instant crimes; and (b) the Defendant led to confession and reflects by the Defendant; and (c) the sentence imposed by the lower court (ten months of imprisonment and KRW 300,000) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, each of the instant crimes committed mainly at night, steals another’s property and stolen money and valuables from juveniles, and stolen and stolen materials from juveniles without a driver’s license; the Defendant did not reach an agreement with the victims other than victims; the Defendant was sentenced to a fine due to the charge of larceny and entering into a structure or the violation of the Punishment of Violences, etc. Act (joint conflict) in the past; and the Defendant did not appear to have committed any of the following acts: (a) on March 21, 2011, at the Changwon District Court rendered a sentence of a suspension of execution of one year and six months on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, which stolen money and valuables worth KRW 10 million; and (b) on March 29, 2011, the Defendant again committed any of the instant crimes after being sentenced to a suspended sentence after becoming final and conclusive on March 29, 2011; (c) the circumstances and circumstances of each of the instant crimes, and the following circumstances.

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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