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The defendant's appeal is dismissed.
Reasons
The summary of the grounds for appeal (unfair sentencing) that the court below rendered on the defendant is too unreasonable.
At the first trial of the appellate court, the Defendant stated that the theft site of this case was "in the warehouse," but it cannot be seen as inside the structure due to the photograph of evidence records, etc., so the Defendant did not constitute an intrusion on the structure. Therefore, the Defendant stated that the judgment was made ex officio.
According to the accusation (Evidence No. 1, Evidence No. 5, 6 pages), the police statement protocol against H, and the police interrogation protocol against the defendant (Evidence No. 2, Evidence No. 25, 29, Evidence No. 11, Evidence No. 79, and Evidence No. 81, etc.), it is recognized that the defendant intruded into the warehouse managed by the victim Suchid Co., Ltd., and opened a timber depositary with a red fluor, which had been kept in such warehouse, and the photograph of 12 pages of the Evidence No. 12 of the Evidence No. 12 of the Evidence No. 3448, Apr. 1, 2006). The defendant's above assertion is rejected.
Judgment
The crime of this case is an unfavorable circumstance against the defendant, such as that the defendant intrudes on the structure of the management of the victim Suchid Sup, stolen a timber consignee, damaged public documents by tearing a warrant of arrest presented by a police officer to execute an arrest warrant, and the nature of the crime is not good. The defendant already has a record of being punished by a fine for two times by destroying the property owned by the damaged company, and did not reach an agreement with the victimized company.
However, the fact that the defendant reflects the crime of this case, the fact that the person who was stolen by the defendant does not have property value is favorable to the defendant.
In addition, there is no special change in circumstances that could change the punishment of the court below after the sentence of the court below, and the defendant's age, environment, sexual conduct, motive for the crime, circumstances before and after the crime, etc.