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(영문) 수원지방법원 2016.09.30 2016노4592
야간주거침입절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (ten months of imprisonment) is too unreasonable.

2. It is true that the judgment defendant recognized the crime of this case and reflected in the crime of this case, and only one crime is committed, and there are conditions for sentencing favorable to the defendant, such as the attempted crime.

However, prior to the crime of this case, the defendant had been subject to criminal punishment several times for the same crime (including three times the actual punishment), and in particular, the defendant committed the crime of this case without being aware of the fact that he was sentenced to six months of imprisonment for the same crime and without being aware of the fact that he was in the period of repeated crime; the defendant was sentenced one time to suspend indictment for the same crime during the period of repeated crime; the defendant has been sentenced to a summary order of three million won for a fine of the same kind; and the defendant's age, sex, environment, family relationship, circumstances after the crime of this case, etc. are considered as being attached to the punishment of this case; thus, the court below's punishment is too unreasonable. Thus, the defendant and his defense for the above sentencing of the defendant cannot be accepted.

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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