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(영문) 창원지방법원 2016.03.31 2016노266

특수절도미수

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. It is recognized that the judgment of the defendant led to the confession of criminal facts and reflects on the criminal facts, the theft act was committed against the attempted crime, the fact that the defendant agreed smoothly with the victim, and there is a family member to support the defendant.

However, in light of the risk, etc. of the Act on the Prevention of Crimes, etc., since the crime of this case was committed at night by destroying and damaging another’s structure through the pipe at night, the case is not less and less severe, and the defendant again committed the crime of this case despite the existence of the same kind of crime, and the probation period has not yet been too excessive, and in full view of various other circumstances, including the defendant’s age, environment, sex behavior, motive for the crime, and circumstances before and after the crime, etc., the sentence of 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.