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(영문) 부산지방법원 2018.06.07 2018노689
야간방실침입절도미수등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and community service order 120 hours) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The Defendant continues to commit a crime in the name of approximately fourteen times (two times of imprisonment, three times of suspended sentence of imprisonment, and nine times of fine) and has a high risk of repeating a crime, and there is no new change in circumstances that may change the sentence of the lower court in the trial.

In addition, comprehensively taking into account the records of this case, such as the defendant's age, family relation (as well as his/her wife and father), health (as induction of sustainability), and economic circumstances (as well as various conditions of sentencing as shown in the theory of changes, the sentence imposed by the court below is done within the reasonable scope of discretion, and is not hot.

3. Accordingly, 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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