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(영문) 인천지방법원 2017.06.02 2017노1462

야간건조물침입절도

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. Although there are circumstances favorable to the defendant, such as the fact that the victims of the judgment did not have much weight in the amount of harm, the circumstance that the defendant caused the crime in a situation where the defendant was living difficult, the fact that the defendant recognized the defendant's mistake, and the defendant committed repeated crimes because the defendant was released from prison due to the same kind of crime, and the court below also seems to have sentenced a sentence lower than the sentencing for the recommendation by taking into account the above favorable circumstances, and all the sentencing factors of the defendant's age, sex, sex, environment, health conditions, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc. are considered, it is not recognized that the sentence imposed by 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.