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(영문) 창원지방법원 2020.01.21 2019노1665
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. We examine the judgment, there is no new circumstances or special changes in circumstances that can be reflected in the sentencing after the decision of the court below.

In full view of the circumstances unfavorable to the Defendant, including the fact that the Defendant’s mistake is against himself/herself, and the amount of stolen property is relatively small, but the Defendant was punished for the same kind of crime and each of the instant crimes committed again during the period of repeated crime, etc., the Defendant’s unfavorable circumstances, including the Defendant’s age, character and conduct, environment, motive and consequence of the crime, circumstances after the crime was committed, etc., the lower court’s punishment is too unreasonable beyond the reasonable scope of discretion.

Therefore, the defendant's assertion is not accepted.

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

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