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(영문) 창원지방법원 2018.09.19 2018노1585
야간주거침입절도
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the summary of the grounds for appeal (the sentence of the lower court: six months, and the Defendant, at the first trial date, withdrawn the assertion of mental or physical disorder)

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant led to the confession and reflect of the instant crime; (b) the victim did not want the Defendant’s punishment; and (c) the Defendant was a like repeated offender at a disadvantage; and (d) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s criminal history, age, sexual conduct, environment, motive and means of the crime; and (e) circumstances after the crime.

The grounds for the improper sentencing alleged by the defendant (such as the confession and rebuttal of the crime of this case, the agreement with the victim was reached, and the amount of damage was limited to KRW 200,000) appears to be the reasons that the court below had already considered the punishment of the defendant in determining the punishment of the defendant, and the above conditions of sentencing have changed in the trial.

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’s assertion 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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