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(영문) 부산지방법원 2015.11.26 2015노3409

야간주거침입절도미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is reasonable in light of the following factors: (a) the defendant led to the instant crime; (b) the fact that there was no substantial damage to property due to the instant crime; (c) the defendant had the same record as the defendant four times in favor of the defendant; and (d) the victims did not agree with the victims; (b) the court below has already determined a punishment of August, which is less than a year and less than the lowest sentencing guidelines, based on the sentencing guidelines, considering sufficient consideration of the above circumstances; and (c) there was no change of circumstances that may vary between the court below and the punishment in the trial; and (d) other factors, such as the defendant’s age, character, character, intelligence and environment, relationship with victims, motive, means and consequence of the instant crime; and (e)

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. 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.