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(영문) 의정부지방법원 2017.01.10 2016노3136

야간건조물침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects his gender, and that there is no criminal record for the same kind of crime.

B. However, in full view of various circumstances, including the Defendant’s age, background of the crime, and the circumstances after the crime was committed, the lower court’s punishment is too unreasonable even if the circumstances favorable to the Defendant were considered in light of the aforementioned circumstances, which are the conditions for sentencing specified in the instant pleadings, such as the following: (a) the nature of the crime was not good; (b) the victim did not agree with; (c) the victim was not recovered; and (d) the victim was present at the first trial date and made a statement recognizing the facts charged; and (b) the Defendant escaped without attending the trial date; and (c) the Defendant’s age, background of the crime; and (d)

Therefore, the defendant's above assertion is without merit.

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.