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(영문) 서울동부지방법원 2016.01.21 2015노1593

야간주거침입절도미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (no. 10 months of imprisonment) on the summary of the grounds of appeal is unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant led to the confession and reflect of the instant crime, that all of the crimes did not cause substantial damage to the attempted crime, and that there is a family member to support the instant crime.

On the other hand, the defendant had a record of criminal punishment for eight times in total, including the same crime, re-offending without being aware of the period of repeated crime, and did not receive a letter from the victims, and committed a crime by intrusion upon the victims' residence at night, and attempted to commit a crime again against the same victim, which is disadvantageous to the defendant.

In light of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the argument of the instant case, the lower court’s sentence cannot be deemed unfair due to excessive suspension of sentence and the circumstances after the crime.

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