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(영문) 의정부지방법원 2019.03.28 2018노3477

야간건조물침입절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (one year and six months of imprisonment) too heavy or too unfasible.

2. (1) We examine the Defendant and the prosecutor’s assertion of unreasonable sentencing.

A. A person under way: The defendant's history of criminal punishment including larceny and violation of the Road Traffic Act has reached 30 times, which includes the past record of criminal punishment. Among them, the defendant has been sentenced to imprisonment for more than two years, and the defendant committed each of the crimes of this case during a repeated crime period of which one year has not passed after the execution of imprisonment, and the defendant committed the theft crime in order to prepare an agreement after carrying out traffic accident without a license (In addition, according to records, the defendant seems to have passed prior to driving), the defendant committed the theft crime in the manner that he/she had the key to the restaurant that he/she had worked before driving, as if he/she was the principal of the above restaurant, and used the sale of used used goods by his/her family members, and it is not appropriate to take account of the following circumstances: the defendant's wrong behaviors, and the place of the crime of larceny and the fact that the defendant's family members have agreed to return the goods to the victim of the crime of larceny and the fact that the victim of the crime of larceny and the victim of the crime of this case are more than 3 years.

Therefore, both the defendant and prosecutor's assertion of unfair sentencing is rejected.

3. In conclusion, the appeal by the Defendant and the prosecutor is without merit.

참조조문