야간건조물침입절도미수등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The sentence should be mitigated inasmuch as the Defendant, at the time of the instant crime, was in a state that he or she had a weak mental and physical disorder.
B. The sentence of the lower court’s unfair sentencing (one hundred months of imprisonment) is too unreasonable.
2. The following circumstances are acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mental and physical weakness, i.e., the defendant acknowledged all of the crimes of this case at the court below, i.e., the defendant's assertion of mental and physical weakness at the court below, i.e., the defendant's assertion of mental and physical weakness at the time when the crime of this case was committed, ii) about about 17 minutes, and 3 minutes at the short time, the defendant committed the crime of this case, i.e., the defendant opened the fence of a childcare center up to 1 meter, and search the vehicle's proposal with his hand, etc. at the entrance (69 pages of the investigation record) and the changes in the defendant's statement, the process of the crime, the method and means of the crime, etc., at the time of the crime of this case.
Therefore, this part of the defendant's assertion is rejected.
3. The defendant's factual basis of the crime of this case is generally acknowledged, the victim J expressed his intention that the victim does not want the punishment by recovering damage, the amount of damage is not high, and the crime of larceny at night is committed in an attempted crime, or there is a history of 11 times or punishment including six times for the same crime, and the criminal records of this case are six times or more. In particular, the defendant committed the repeated crime after being released from prison for a long term up to October of 7, and was not entirely agreed with the victims, the defendant refused to make statements at an investigative agency without any specific reason or denied the crime for reasons that it is difficult to understand, and the court below's punishment corresponds to the lower limit of the recommended sentencing guidelines.