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(영문) 부산지방법원 2015.04.30 2014노4589
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have committed each of the crimes of this case consistently, and it is favorable to the defendant, such as the fact that the defendant committed each of the crimes of this case, recognized all of the crimes of this case, and reflects his mistake in depth, the degree of damage is not significant, the damage was recovered most, the mother of the defendant was agreed with the victims, the defendant's mother was moving back to the defendant's guidance in the future, and where the sentence of this case is finalized, the suspension of execution should be invalidated, and the defendant should additionally be sentenced to the punishment of one year and six

However, the Defendant committed the instant crime without being aware of the past history of having been punished several times for the same kind of crime, and committed the instant crime during the period of probation, in particular, even after being investigated by the investigative agency due to the crime stated in paragraph (1) of the criminal facts, and even after being investigated by the investigative agency, it is not good to commit the crime as stated in paragraph (6) of the criminal facts. The lower court determined a sentence for six months in consideration of the circumstances favorable to the Defendant already asserted, particularly when the suspended sentence imposed on the Defendant is invalidated and, in particular, the situation where the sentence should additionally be imposed for one year and six months after the suspended sentence imposed on the Defendant is imposed, and taking into account the motive and circumstances leading up to the instant crime, the circumstances after the crime was committed, the Defendant’s age, character and conduct, and other various circumstances, which are the conditions for sentencing as specified in the records and arguments of the instant case, it cannot be said that the lower court’s sentencing is harsh.

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

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