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(영문) 수원지방법원 2017.07.21 2017노573
야간건조물침입절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for appeal is that the lower court’s punishment (6 months of imprisonment and fine of 500,000 won) is too unreasonable.

2. In full view of all the sentencing conditions, such as the accused’s age, sexual intercourse, motive, frequency of the crime, method of the crime, circumstances after the crime, etc., comprehensively taking account of the following: (a) the confession of the crime; (b) the charge of the larceny is committed; (c) the victim is not punishable; (d) the victim is not punished; (e) the victim is considered to have been tried at the same time with the final judgment of the judgment of the judgment of the judgment of the court; (e) the health of the victim is not good; (e) the crime was committed during the suspended execution period due to special larceny; (e) the victim’s restaurant was invaded at night; and (e) the nature of the crime was not easy due to the victim’s attempted to steals; and (e) the court below’s punishment 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.

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