beta
(영문) 인천지방법원 2017.08.17 2017노2299

건조물침입등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (two years of imprisonment, confiscation) is too unreasonable.

2. The judgment of the defendant seems to have led to the confession and reflect of the crime, and 5 of the 8 victims did not want the punishment of the defendant.

However, the criminal liability of the defendant is not against the law.

There are several criminal records, and the probation one time and three times of punishment for the same crime are crimes, and the same repeated crime is committed simultaneously.

The victims did not recover from the damage.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

참조조문