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(영문) 대전고등법원 2016.09.30 2016노229
야간주거침입절도등
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

Improper sentencing of the summary of reasons for appeal: The sentence of the lower court (one year of imprisonment) is too unreasonable.

Judgment

In light of the fact that the instant crime was repeated several times during a short period of time, the Defendant and the person who filed for the medical care and custody (hereinafter “Defendant”) had been punished for the same crime over eight times, and the circumstances as above are different from the Defendant’s status and environment, the risk of recidivism is not low.

In full view of the circumstances, including the fact that the sentence imposed by the court below is the lowest limit of the recommended punishment according to the sentencing guidelines and there is no change in circumstances in the depth of the case, etc., the sentence imposed by the court below is too heavy, and the sentence imposed by the defendant is too heavy.

It does not appear.

The judgment of the court below is justified in the determination of the defendant or defense counsel, as alleged in the grounds for appeal.

It cannot be seen (it is not possible to find out the grounds for reversal of the judgment below even after examining ex officio the petition of appeal or the reasons for appeal with respect to the custody claim for treatment). Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the appeal by the defendant is without merit. It is so decided as per Disposition.

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