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(영문) 창원지방법원 2016.04.21 2016노317
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. Determination is based on the following: (a) the Defendant made confession of the offense while making a confession; (b) the Defendant has no criminal record exceeding the same kind of criminal record or fine; (c) the Defendant committed 32 times a crime for about six months; (d) the Defendant did not agree with the victims; and (e) the fact that the damage has not been recovered is an unfavorable reason for sentencing.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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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