상습야간주거침입절도
Defendant
All appeals by prosecutors are dismissed.
1. The defendant of the grounds for appeal asserts to the effect that the punishment imposed by the court below (three years of imprisonment) is too excessive, and that the prosecutor is so unfair as to be too uneasible that the sentence imposed by the court below was imposed.
2. The fact that the defendant confessions and reflects the judgment, and that the defendant agrees with two victims and two victims in the trial at the court below is favorable.
Meanwhile, the Defendant committed the instant crime even though he/she had been punished several times due to the same and similar crimes in the past, and thereby committed the instant crime again even during the period of repeated crime, and the frequency of the crime is 75 times, and the amount of damage is approximately 8,360,000,000 won, and the agreement other than the four victims or the damage has not been recovered is disadvantageous.
Considering the aforementioned circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the commission of the crime, and various conditions of sentencing as indicated in the instant records and pleadings, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.
Therefore, each of the defendant and prosecutor's argument of sentencing is without merit.
3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, all appeals by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.