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(영문) 수원지방법원 2017.08.28 2017노3070

방실침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (two months of imprisonment and one year of imprisonment) is too unreasonable.

2. The Defendant appears to have an attitude of reflecting all his mistake, and the amount of damage to each of the crimes in this case is not so significant.

In addition, the defendant agreed with some victims to smoothly commit each of the crimes of this case, and some of the crimes of this case are in the relation of larceny, etc. which became final and conclusive on July 7, 2016, and the crime of this case is concurrent crimes with the latter after Article 37 of the so-called Criminal Code, and thus, the punishment should be determined in consideration of equity

However, each of the crimes of this case was committed by the defendant by intrusion upon the hospital's clinic or laboratory, and the victim's property was stolen, and its nature is poor in light of the contents and result of the crime.

In addition, even though the defendant was subject to criminal punishment several times for the same crime, there is a high possibility of criticism by lowering some of the crimes of this case under the same law during the probation period for the same crime.

Considering the circumstances unfavorable or favorable to the defendant as above, the circumstances after the crime, the age of the defendant, sexual conduct, environment, and all other factors of sentencing as shown in the argument of this case, the punishment imposed by the court below against the defendant is too unreasonable, and therefore, the above argument by the defendant 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.

참조조문