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(영문) 창원지방법원 2018.04.11 2017노3495
야간건조물침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (one year in imprisonment with prison labor for the court below);

2. The lower court, under the circumstances where the Defendant was sentenced to imprisonment for the same kind of crime and was released from prison, determined a sentence by taking into account the favorable circumstances that the Defendant led to the confession of and reflect against the instant crime, and taking into account various sentencing conditions as shown in the instant records and arguments, such as the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime.

The grounds for the defendant's improper sentencing (such as the economic difficulties of the defendant, contingent crimes caused by drinking, and the absence of the amount of damage) are shown to have been determined by the court below considering sufficient factors in determining the punishment against the defendant, and the above conditions of sentencing have changed in the trial.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

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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