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(영문) 창원지방법원 2017.07.21 2017노1472
건조물침입
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence (six months) in consideration of various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, motive and means of the crime, and circumstances after the crime, in consideration of the following factors: (a) under favorable circumstances in which the said victim does not want the Defendant’s punishment by mutual agreement with the manager of the building where the victim was the victim; (b) the Defendant had been punished by a suspended sentence despite the fact that the Defendant had been punished by a suspended sentence due to the same kind of crime; and (c) the Defendant has repeatedly committed a crime despite the fact that there was a history of punishment by the suspended sentence due to the same crime;

The grounds for the unfair sentencing (the background of the crime, the agreement with the manager of the building, and the psychological treatment plan, etc.) alleged by the defendant appear to have been sufficiently considered in determining the punishment against the defendant, and the above conditions of the sentencing changed otherwise.

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

The argument 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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