beta
(영문) 수원지방법원 2017.10.30 2017노5832

야간건조물침입절도등

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 (one year of imprisonment).

2. The Defendant shows an attitude of reflecting all his mistake, and the damage caused by each of the crimes of this case is relatively minor.

However, each of the crimes of this case is a theft of a bicycle on the apartment bicycle storage stand at night by the defendant, and intrusion upon a restaurant in the 3rd place of the apartment bicycle storage stand, and it is not likely that the crime is committed in light of the contents and result of the crime.

In addition, even though the defendant was punished for the same crime, there is a high possibility of criticism by committing each of the crimes of this case during the probation period for the same crime.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is too unreasonable, and therefore, the above argument by the defendant is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that there is no reason to reject the appeal. It is so decided as per Disposition by the assent of all participating Justices (see, e.g., Supreme Court Decision 200Da36444, Apr. 1, 200).