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(영문) 의정부지방법원 2019.01.07 2018노2993
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months) by the lower court is too unreasonable.

2. It is recognized that the defendant recognized his mistake and reflects his mistake, and that the victim does not want the punishment of the defendant by mutual consent with the victim.

However, the crime of this case was committed by the defendant when working in an enterprise operated by the victim, by putting the victim into the office of the victim at night by using the key, and thereby cutting down the amount of KRW 2.5 million in cash at night. In light of the victim's trust relationship, the illegality of the crime of this case was serious; the defendant committed the crime of this case even though he had had been punished several times of punishment including imprisonment with prison labor due to the same kind of crime in the past, considering the fact that there was no special circumstance or circumstance that is newly considered in sentencing after the sentence of the judgment below, the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., and the sentencing conditions stated in the arguments and the records of this case, it is not recognized that the punishment imposed by the court below is excessively unreasonable.

3. 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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