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(영문) 의정부지방법원 2016.04.21 2016노483

주거침입등

Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal (four months of imprisonment) is too unreasonable.

Judgment

It is recognized that the defendant has agreed to pay a certain amount to the victim.

However, the crime of this case is a theft of property after the defendant intrudes on the victim's residence through the bend window on the gas pipe, and the nature of the crime is heavy in light of the method of the crime.

In the past, the Defendant had been punished by imprisonment with prison labor and suspended execution for the same thief crime, and in particular, the Defendant committed the instant crime at least two months after the completion of the execution of imprisonment with prison labor for the same kind of crime.

The sentence imposed by the court below on the defendant is lower than the lower limit of the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court Sentencing Committee, and there are no special circumstances that vary between the court below and the sentence.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.