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(영문) 창원지방법원 2016.02.04 2015노2846

야간주거침입절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment sentenced by the court below (eight months of imprisonment), and the prosecutor asserts that it is too unfasible and unfair.

2. The judgment of the defendant is an unfavorable circumstance to the defendant, such as the fact that the defendant was sentenced to a fine on one occasion due to the crime of larceny during the period of probation, and again committed the crime of larceny in two times under the same law as the previous one, and that one of them invaded upon another's residence, etc., which is disadvantageous to the defendant. On the other hand, the defendant's mistake is against the defendant, and the total amount of damage is not large to KRW 1.590,000,000, and it is difficult to grow in an unstable environment, and there is no other criminal record other than the previous two times.

Considering such circumstances and other conditions of sentencing as shown in the pleading, the sentence sentenced by the court below is within the appropriate scope.

Since the defendant and the prosecutor's assertion that punishment is too heavy or unreasonable is not accepted.

3. In conclusion, all appeals filed by the defendant and the prosecutor are dismissed as it is without merit. It is so decided as per Disposition.