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(영문) 대전지방법원 2019.11.20 2019노2550
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the court below is a favorable condition to the defendant that the defendant's consent to commit the crime, that the amount of damage is not significant, that the victim expressed his/her intention not to want the punishment, and that the defendant agreed with the victim when it comes to the trial.

The criminal records of the defendant are three times, and the fact that the defendant committed the crime under similar veterinary methods despite the fact that he/she committed the crime in the same kind of crime is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other factors, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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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