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(영문) 대구지방법원 2015.07.10 2015노1449

상습절도등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. As to the prosecutor's judgment and the defendant's respective arguments, the defendant committed a crime of this case with a favorable condition, such as the confession of all the crimes of this case and the fact that there is no economic situation. Meanwhile, each of the crimes of this case was committed by the defendant on the one hand through 21 times in total from January 16, 2014 to February 20, 2015, and invaded upon another person's residence by cutting off shocks or crime prevention windows, etc., the number of damaged goods owned by the victims (up to approximately KRW 24 million in total) were habitually stolen, and on the other hand, the defendant committed a crime of this case with no reasonable motive and circumstance of the crime of this case, including the period and frequency of the crime of this case, interviews, and amount of damages, etc., the defendant committed a crime of this case with no reason to be sentenced to suspended execution until the defendant was sentenced to imprisonment with prison labor for the same kind of crime of this case, and no reason to the extent that the crime of this case was committed with the same motive and circumstance of this case.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

Provided, That it shall be ex officio under Article 25 (1) of the Regulation on Criminal Procedure.