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(영문) 의정부지방법원 2018.11.13 2018노2303
야간건조물침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The Defendant shows the attitude to recognize and reflect the instant crime.

This is the circumstances favorable to the defendant.

However, the crime of this case was committed by the defendant who was under suspension of execution due to the crime of the same law, and the nature of the crime is not good, and the defendant has already been convicted of the crime of the same law several times.

If there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no new change in circumstances that may change the sentence of the lower court in the first instance court.

This is disadvantageous to the defendant.

In full view of such circumstances as well as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the sentence of the lower court is too unreasonable as it is too unreasonable.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure that the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act (see, e.g., Supreme Court Decision 200Da25414, Apr. 1, 200).

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