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(영문) 부산지방법원 2018.02.08 2017노4448
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The circumstances favorable to the defendant are recognized, such as the confession of the crime of this case and the fact that the defendant reflects the mistake, and that the defendant has no criminal history exceeding the fine.

However, the crime of this case is limited to the defendant's attempt to steal or steal the victims' money by intrusion into the victim's residence, transfer of his electronic financial transaction access media under his own name. In light of the content of the crime, the responsibility of the crime is heavy, the defendant does not make any effort to recover victims' damage, in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, there is no change in the conditions of sentencing compared with the first instance court, and the first instance court's sentencing does not go beyond the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances favorable to the above recognized defendant do not fall under any special change in circumstances that could change the sentence of the court below after the pronouncement of the judgment of the court below, and it does not seem that the court below's unfair conditions of the defendant's oral argument as to the sentencing of this case, such as the defendant's age, the defendant's environment, and the circumstances.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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