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(영문) 서울중앙지방법원 2014.12.18 2014노4072
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

Judgment

In the first instance, the Defendant deposited KRW 70,00 for the victim, but the Defendant had the record of having been sentenced to imprisonment for the same kind of crime before the commission of the instant crime. In particular, the instant crime was committed by the Seoul Western District Court on October 1, 2009 by having been sentenced to imprisonment for two years and six months on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Western District Court on August 8, 2013, and was committed during the repeated period after the enforcement of the sentence was completed, and the type of the crime was also committed by opening the lock devices corrected at night and intrusion upon another’s residence, and the nature of the crime is not good, and it is not deemed that the sentence imposed by the lower court is too unreasonable in full view of various circumstances, including the motive for the instant crime, circumstances after the crime was committed, the Defendant’s age, character and conduct, and criminal records, etc.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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