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(영문) 수원지방법원 2017.04.12 2017노1111
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable because of the sentence imposed by the court below on the defendant (4 months of imprisonment).

2. There are no circumstances to consider the Defendant as favorable to the Defendant, such as the fact that the Defendant appears to recognize and reflect the instant crime, the degree of damage caused by the instant crime is relatively minor, and the Defendant agreed with the victim, etc.

However, even though the defendant was punished for the same kind of crime seven times or more, there is a high possibility of criticism because he committed the crime in this case during the repeated crime period for the same crime, and that theft of property by intrusion on another's structure at night is highly dangerous in itself, and considering all the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, family environment, background of the crime, circumstances after the crime, etc., the punishment imposed by the court below is too too unreasonable, and therefore, the above assertion by the defendant 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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