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(영문) 의정부지방법원 2017.03.16 2016노3444
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. It is recognized that the defendant agreed with the victims that the victims would not be punished by the defendant, and that the defendant's mistake is against the defendant.

However, if the defendant's crime is divided into the first race and if there is no human body, the same method of theft by intrusion on the house is repeated, and the crime is not good.

Since 2000, the defendant has been convicted of the same kind of crime seven times, and the defendant is a repeated offender who committed the crime of this case only six months after he was released from the same crime.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the 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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