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(영문) 부산지방법원 2013.05.09 2013노282

야간주거침입절도

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (one year of imprisonment with prison labor for four months, one year of suspended execution) is too unhued and unfair.

Judgment

On the other hand, the crime of this case was committed by the defendant who was sentenced to the suspension of indictment for larceny, and the crime of this case was committed with the fourth floor going on the fourth floor from the outer wall of the publicly notified telescope in 2 months in 197. It is not good to view that the defendant did not reach an agreement with the victims up to the trial. However, it is unfavorable to the defendant, while the defendant confessions all the crime of this case, and goes against his depth during the period of detention for about one month, and does not repeat again. The crime of this case is committed with the theft of 7-on-day, used by the victims, and the degree of damage is not significant. The defendant did not have any same criminal power as well as the punishment of a fine of KRW 1,00,000 as a violation of the Punishment of Violences, etc. Act on around 197. Considering that there is no specific criminal power except for the punishment of a fine of KRW 1,00,000 as a result of the crime of this case's motive and circumstance, defendant's age after the criminal act of this case, it is unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.