야간건조물침입절도미수
The defendant's appeal is dismissed.
1. The decision of the court below on the gist of the grounds for appeal is undue because the punishment (two months of imprisonment and confiscation) declared by the court below is too unreasonable.
2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime of this case and against his mistake, the crime was committed, and the victim did not want the punishment of the defendant.
On the other hand, the crime of this case was committed at night by cutting masts and armores, impairing another person's structure, and thus the nature of the crime is not good. Although the defendant had been punished for the same kind of crime, he again committed the crime of this case during the period of parole, etc., which is disadvantageous to the defendant.
Considering the above circumstances and various circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unreasonable.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.