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(영문) 의정부지방법원 2017.01.06 2016노3137
야간주거침입절도등
Text

The judgment below

Of the judgment of the court below, the part Nos. 2 through 29 of the annexed crime sight table shall be reversed.

Defendant .

Reasons

1. The summary of the reasons for appeal is that the sentence imposed by the court below on the defendant (the crime No. 1 in the table of crimes attached to the judgment of the court below: imprisonment with prison labor of one month and two years per year and two years per year) is excessively unreasonable.

2. Judgment on the grounds for appeal

A. We examine the reasoning for appeal as to the part of the crime No. 1 of the annexed Table No. 1 in the judgment of the court below, the defendant recognized this part of the crime and reflects his mistake, the crime of this case is about attempted, the crime of this case is about the crime of this case, and the crime of this case must be judged simultaneously with the crime of injury which became final and conclusive in the judgment of the court below, and the case of equity, etc.

However, in light of the contents and methods of the crime of this case, the crime of this case committed by the defendant is not less than the standard of crime, the crime of this case is not less than the standard of the victim's agreement or complete recovery of damage up to the present day, the crime of this kind has been punished several times due to the crime of this case, the balance between the general amounts of punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, sexual conduct, intelligence and environment, relation to the victim, means and consequence, frequency of the crime, possibility of recidivism, circumstances after the crime of this case, family relationship, health condition, etc., the defendant's above assertion is not reasonable, since the punishment imposed by the court below on this part is not recognized to be unfair because it is proper and excessive.

B. We examine the reasoning of appeal as to each part of the crime No. 2, No. 29, No. 29, No. 29, as indicated in the judgment of the court below, and each of the crimes of this case committed by the defendant by intrusioning upon another person's residence at night over 28 times, with the nature of the crime, in light of the content, method, frequency, etc. of the crime, and the amount of damage to each of the crimes of this case.

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