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(영문) 수원지방법원 2015.07.17 2015노2568
야간주거침입절도미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant led to the confession and reflect of the crime of this case, and the fact that the crime of this case did not cause property damage to the victim due to the attempted crime of this case is favorable to the defendant.

However, the crime of this case was committed by intrusion upon residence at night, and the method of crime was dangerous and inferior, and the defendant was sentenced to a suspended sentence of 1 year for larceny in 2000, 2 years of imprisonment with prison labor in 2004, 2 years of imprisonment with prison labor in 2004, 10 months of night residence intrusion and larceny in 209, and 2009, but there is a high possibility of criticism again in the crime of this case, and other various circumstances, which are the conditions for sentencing specified in the records and arguments of this case, such as the motive and circumstance of the crime of this case, after the crime, the circumstances after the crime of this case, the defendant's age, character and behavior, and environment, are considered as inappropriate.

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

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