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(영문) 대전지방법원 2018.01.24 2017노3468

야간주거침입절도

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The circumstances favorable to the fact that the defendant recognized the instant crime and reflected in the judgment, and there are family members to support the instant crime.

However, in light of the circumstances, contents, and methods, etc., the crime of this case is not good, the crime of this case was committed during the period of repeated crime due to the same crime, the record of punishment (suspension of execution and sentence) several times due to the same crime, and the fact that it seems that it was impossible to agree with the victim and that the measures to recover from damage were not taken properly.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original court’s sentencing conditions indicated in the records of this case, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's 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.