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(영문) 서울남부지방법원 2017.03.23 2016노2233

야간주거침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal: (b) the Defendant is breaking his mistake in depth; (c) the damage caused by the instant crime is relatively minor; and (d) the Defendant is unable to cope with prison life due to the delay of class 3; and (c) the sentence (6) imposed by the lower court is too unreasonable.

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

The defendant not only has been punished several times for the same crime, but also committed the crime of this case, which constitutes a repeated crime, before three months have passed since he/she was tried and released from the crime of rape.

In addition, considering various circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if considering the following factors, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the reasons for sentencing of the lower judgment.

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.