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(영문) 수원지방법원 2015.11.24 2015노5474
주거침입등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defendant and his defense counsel (e.g., indubly unfair), the punishment by the court below that sentenced six months of imprisonment is too unreasonable, in light of the fact that the defendant is against his fault, is a disabled person of Grade II with intellectual disability, was damaged, and the defendant's leakage was leading.

2. The judgment of the defendant was sentenced to a suspended sentence of 2 months in prison on January 24, 2014 due to night residence intrusion and larceny at the Sungnam branch of the Suwon District Court, and was sentenced to a suspended sentence of 2 months in prison on April, 201. The defendant committed each of the crimes of this case at the same time during the suspended sentence period. In light of the motive and background of each of the crimes of this case, the circumstances before and after the crime of this case, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior and environment as shown in the records and arguments of this case, the court below's sentence is without merit and it is not determined that the above assertion is unfair, considering the circumstances

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

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