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(영문) 부산고등법원 2018.11.07 2018노509
준강도미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant shows the attitude to recognize and reflect all of the instant crimes.

Most of the thief crimes of this case were attempted, and the amount of damage caused by the thief crimes was minor and the entire amount of damage was returned to the victim.

The degree of assault on quasi-Robbery crimes is relatively weak.

The crime of intrusion on residence is a intrusion on the official corridor of the studio building, and it is not highly likely to undermine the peace of residence.

In the first instance, it was agreed with the victim D.

Defendant has no particular criminal record except for punishment of a fine of KRW 3 million due to embezzlement.

On the other hand, the Defendant invadedd the above building on several occasions in order to steals the resident's goods with the knowledge of the joint entrance password of the studio building, which is a previous residence, and in the process, stolen the goods in the joint cooking book or removed the windows from the studio of the female victim who resides in the mixed, and discovered the victim.

In light of the method of crime and repeatedness, etc., the nature and circumstances of the crime are not easy.

There are a lot of mental impulses suffered by the victim of the attempted robbery, and there was no agreement with the victim E.

In full view of these circumstances and all the sentencing conditions as shown in the records and arguments, including the Defendant’s age, sex, environment, family relationship, etc., the sentence imposed by the lower court does not seem to be too weak or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all appeals filed by the Defendant and the prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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