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(영문) 창원지방법원 2015.09.09 2015노1524
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) shall be excessively unreasonable.

2. Although there are favorable circumstances such as the confession and reflect of the defendant, each of the crimes of this case has been committed several times at night by the victim's dwelling or the structure and thus theft or theft of the victim's property, the risk of committing the crime, and the frequency of the crimes, which are not good in light of the degree of the crime, and the responsibility for the crime, and the defendant did not reach an agreement with the victims up to the trial. The defendant again committed each of the crimes of this case even in the past, even though he had the record of punishment for the same crime and has no special reason to change the sentencing after the sentence of the judgment below, and the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission of the Supreme Court (one to six months of imprisonment) and other factors such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., it cannot be deemed that the punishment imposed by the court below is excessively unreasonable.

Therefore, the defendant's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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