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(영문) 수원지방법원 2016.01.15 2015노6795
야간주거침입절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness by drinking on the day of the instant case.

B. The sentence sentenced by the lower court to the Defendant (six months of imprisonment) is too unreasonable.

2. Determination

A. According to the record of the determination on the assertion of mental and physical disorder, even though the defendant was found to have a drinking condition at the time of the crime of intimidation, the defendant was not in a state of right and wrong, or of lack or lack of decision making, due to drinking at the time in light of the background, means and methods of the crime, and the circumstances after the crime.

The defendant's mental disorder is without merit.

B. Although the judgment on the wrongful assertion of sentencing did not cause property damage to the victim since the crime of this case was committed in the attempted crime, the defendant had been punished three times for the same crime in the past (two times of suspended execution, one time of fine), and the crime itself was highly dangerous as it invaded upon the house of the victim during the new wall time, and other various circumstances, which are the conditions for sentencing as indicated in the records and theories of this case, such as the motive and background of the crime of this case, the circumstances after the crime, the defendant's age, sexual behavior, and environment, are considered, it is not determined that the sentence imposed by the court below 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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