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(영문) 창원지방법원 2019.05.15 2019노488

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant recognized the entire crime of this case and against it; (b) the instant crime was contingent; (c) the degree of damage was not serious; (d) the motive or the degree of infringement of legal interests in the case of larceny; (e) the Defendant’s health was not good; (d) the Defendant committed a short-term crime repeatedly; and (e) the Defendant committed a crime repeatedly in light of the circumstances leading to the commission of the crime; (e) the nature of the crime is not good; (e) there was no effort to recover damage; and (e) the fact that the Defendant committed a repeated crime during the period of the repeated crime was committed; and (e) the Defendant’s age, character and conduct; (e) the background of the crime; and (e)

Even when considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court appears to have determined the punishment within a reasonable scope, sufficiently taking into account all the circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.