야간건조물침입절도
All appeals filed by the defendant and prosecutor are dismissed.
1. The prosecutor and the defendant asserts that the summary of the grounds for appeal (claim of unreasonable sentencing by both parties) and the lower court’s imprisonment (one year of imprisonment) are too minor or unreasonable.
2. Determination is a favorable condition that the Defendant appears to recognize and reflect his criminal act, and that KRW 97,758,00 among the damaged goods has been returned to the victim.
However, considering the following circumstances: (a) the instant crime committed by the Defendant, upon intrusion upon a structure at night, stolen money exceeding KRW 100 million; (b) the nature of the crime was inferior; (c) the Defendant was punished several times in the past; (d) the Defendant committed the instant crime without being aware of the fact that he was committed during the period of suspension of execution due to a violation of the Road Traffic Act (driving) at present; and (e) the Defendant did not receive a letter from the victim; and (e) did not take any particular measures to recover damage; and (e) the Defendant’s age and happiness environment, etc., the sentence imposed by the lower court is deemed appropriate; and (e) it is deemed that the sentence is too heavy or too unreasonable.
3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.