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(영문) 대전지방법원 2017.03.22 2017노113
건조물침입등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. The judgment that the Defendant recognized the instant crime and reflects the mistake, and that the Defendant entered the building owned by the victim and appears to have committed the instant crime contingently, and that the sum of the money that was stolen due to the instant crime is not significant is favorable.

However, prior to the instant crime, the Defendant had been punished once by a fine for the same offense under several laws that intrudes another person’s building and take things, and attempted to larceny, and multiple criminal records, including having been sentenced to a penalty, exist, and the victim’s damage has not been recovered is an unfavorable circumstance.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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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