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(영문) 대구지방법원 2015.06.05 2015노1474
주거침입
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. The judgment follows: (a) there are circumstances favorable to the defendant, such as the fact that the defendant recognized the crime of this case and against his mistake; (b) there was no additional damage, such as the theft of goods; and (c) the victim did not want the punishment of the defendant; (b) however, there are many circumstances favorable to the defendant, on the other hand, the defendant committed the crime of this case at night, in which many defendants who had been punished due to the crime of larceny by intrusion upon another person's residence, committed the crime of this case; (c) the defendant is consistently proving that he cannot understand the circumstances of the crime of this case; (d) the defendant continues to repeat the above crime; and (e) there is no special circumstance to change the punishment of the court below after the decision of the court below was rendered; and (e) taking into account various circumstances revealed in the records and arguments such as the defendant's age, character and conduct, and environment, even if considering the defendant's assertion, the defendant's assertion cannot be viewed

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 groundless. It is so decided as per Disposition.

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