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(영문) 전주지방법원 2015.08.21 2015노768
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant, who led to the confession of the crime of this case, reflects his mistake, the amount of damage is minor and the victim does not want the punishment of the defendant, and the fact that the defendant is a class 2 person with a intellectual disability, is considered in favor of the defendant.

However, in light of the fact that the crime of this case was committed by the defendant as a theft of property by entering a church during the new wall hours, the crime of this case was committed during the repeated crime period due to night buildings, intrusion and larceny, etc., and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, character and behavior, family environment, it is not recognized that the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, 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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