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(영문) 대전지방법원 2015.08.07 2015노1566
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (ten months of imprisonment) is too unreasonable.

2. Determination

A. There are extenuating circumstances, such as the Defendant’s confession of a crime and the fact that the Defendant suffers from static disorder and mathitis, and the health of the Defendant is not good, and most damaged goods were recovered, and the victim D does not want punishment.

B. On the other hand, the Defendant may be sentenced to the previous charges and sentence, and in particular, since 2013 repeatedly committed similar crimes and six times after 2013, the same fine has been imposed on the same kind of crimes. The instant crime was stolen over three occasions in a short period of time and, in particular, the victim K strongly wants to punish, the Defendant may not be subject to a strict liability and the sentence of sentence is inevitable.

In addition, considering all sentencing conditions indicated in the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the sentence of the lower court is adequate.

3. The defendant's appeal is without merit and thus dismissed pursuant to Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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