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(영문) 창원지방법원 2018.07.11 2018노745
야간주거침입절도등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal (the punishment of the court below shall be sentenced to imprisonment with prison labor for a period of one year and six months);

2. The lower court determined the sentence by taking account of the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, etc., as well as various sentencing conditions shown in the records and arguments, under the unfavorable circumstances that the Defendant is a repeated criminal of the same crime, the risk of intrusion, and the fact that the damage was not recovered, and considering the favorable circumstances that the Defendant led to the confession of the instant crime, and the father who was the father of the sick and wounded.

The grounds for the court below's improper sentencing (the defendant confessions and reflects the crime of this case, his father's health status, efforts for agreement, etc.) alleged by the defendant are shown to have been sufficiently considered in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

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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