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(영문) 부산지방법원 2016.08.25 2016노2161

상습야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that circumstances such as the Defendant’s confession of the instant crime and reflects the mistake, and that considerable parts of the damaged goods have been restored to a certain extent, etc. are considered.

However, considering various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, means and method of committing a crime, and circumstances after committing a crime, it cannot be deemed unfair because the sentence imposed by the lower court is too unreasonable, after the Defendant was sentenced to imprisonment for the same kind of crime and for the period of parole or repeated crime after parole, the Defendant committed the instant crime during the parole period or repeated crime period, the victims did not agree with the victims, and there are no changes in circumstances that may be considered in the sentencing in the past.

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.