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(영문) 대구지방법원 2017.07.21 2017노2352

야간건조물침입절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the facts that the defendant recognized all of the crimes of this case and reflected them, and that the defendant does not want the punishment of the defendant under an agreement with the victim E, K,O, P, T, W, and AA. It is particularly important that the damage caused by each of the crimes of this case is particularly serious.

Although there are circumstances favorable to the defendant, such as difficult to see that there are circumstances favorable to the defendant, on the other hand, there is a history of punishing several times including imprisonment for the crime of larceny and intrusion upon residence, and the defendant committed each of the crimes of this case during the repeated crime period of imprisonment with prison labor, and the defendant was arrested as a flagrant offender on January 27, 2017, which is between each of the crimes of this case. Even though he was arrested as an offender on the part of the crime of this case, he repeatedly committed the crime after being investigated and released, and taking into account the defendant's age, sex, environment, family relationship, circumstances after the crime of this case and all of the sentencing conditions as shown in the records and arguments, it is not recognized that the sentence of the court below is too excessive and unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.