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(영문) 대구지방법원 2018.09.07 2018노2517
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the circumstances that are favorable to the defendant, such as the fact that the defendant's mistake and reflects, the amount of damage is small, and the defendant committed the instant crime during the suspension period of execution for the same kind of crime, and the fact that the defendant invadedd and stolen a structure at night, and there is an unfavorable obstacle to the defendant, such as the defendant's age, sex and behavior, and the period of suspension of execution for the same kind of crime, and other circumstances that are shown in the records and arguments, such as the defendant's age, sex, the period of time during which the defendant was not good, and thereby there is a mental disorder, family relation, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is appropriate,

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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.

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