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(영문) 창원지방법원 2016.08.24 2016노642
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment and two years of suspended sentence) is too unreasonable.

2. The judgment of the defendant led to confession and reflect on the instant crime, and the defendant appears to have aggravated depression and sexual intercourse with his family from around 2013 to have caused the instant crime. The defendant agreed with some victims, and deposited for all victims who did not reach an agreement in the first instance, and the defendant was the first offender who did not have any criminal history.

However, the crime of this case was committed by the defendant by intrusion upon the victim's residence for a long time and repeating the crime of theft of female clothes, and the nature of the crime is not good, and the crime of larceny of intrusion upon residence at night is disadvantageous to the punishment of imprisonment.

In full view of the above circumstances and other circumstances, including the background of the instant crime, the Defendant’s age, and the circumstances after the instant crime, etc., the sentence imposed by the lower court is too heavy.

shall not be deemed to exist.

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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