야간건조물침입절도등
All appeals by the defendant and the prosecutor are dismissed.
1. The summary of the grounds for appeal asserts that the defendant is unfair because of the so-called punishment sentenced by the court below (a punishment of eight months, confiscation) and the prosecutor asserts that the above punishment is too unfeasible and unfair.
2. It is recognized that the Defendant recognized the instant crime and against the mistake, and that the Defendant caused the instant crime in order to raise living expenses, etc.
However, even if the Defendant had been punished for the same kind of crime, the Defendant committed the instant crime at multiple times; the instant crime was committed by the Defendant on seven occasions; the Defendant’s total amount of KRW 12.6 million was stolen; the Defendant’s total amount of KRW 12.6 million was not provided against the Defendant; and the victims did not submit any particular data about the recovery of victims’ damage until the Defendant was in the first instance trial; the Defendant’s age, sexual behavior, environment, motive and background of the crime, means and method of the crime, and other circumstances, which form the conditions for sentencing as indicated in the instant arguments and records, are considered as unfavorable to the Defendant. In full view of the following circumstances, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable, taking into account the following factors: (a) the Defendant’s age, sexual behavior, environment, motive and circumstance, means
3. The appeal filed by the defendant and the prosecutor in conclusion are without merit, and all of them are dismissed. It is so decided as per Disposition.