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(영문) 서울동부지방법원 2015.08.28 2015노870
상습야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the Defendant was fully aware of the commission of the crime and reflects the Defendant’s mistake in depth, and that the Defendant appears to have committed the remaining crime economically difficult, and that the amount of damage is relatively small.

However, in full view of the following circumstances: (a) the crime of this case was committed by intrusion on the structure and theft or attempted theft of money and valuables; (b) the Defendant was sentenced one time to suspend the execution of a crime under the same veterinary act; (c) the Defendant committed the crime of this case without being aware of the fact that the crime of this case was committed even though it was committed a repeated offense; (d) the damage was not recovered; and (e) the victims did not receive any instruction from the victims; and (e) the Defendant did not present any other special circumstances to change the sentence of the lower court at the trial; and (e) other various circumstances that form the condition for sentencing, including the Defendant’s age, career, and family relationship, the sentence imposed by the lower

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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