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(영문) 춘천지방법원 강릉지원 2014.01.07 2013노513

야간건조물침입절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant committed each of the instant crimes even though he/she had been punished for the same kind of crime, and in particular, the larceny crime on December 20, 2010 committed during the period of repeated crime, five times the number of the crimes, and the victims’ damage has not been sufficiently recovered, etc. are the circumstances unfavorable to the defendant.

On the other hand, the fact that the above victim was not punished against the defendant by mutual agreement with K and K, that I, the victim of the intrusion, is the mother of the defendant's appearance, that the defendant's mistake is late, and that the defendant's mistake is divided is favorable to the defendant.

In full view of all the sentencing conditions, including the above circumstances, the lower court’s punishment is too heavy or 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.