야간건조물침입절도등
All appeals filed by the defendant and prosecutor are dismissed.
1. The gist of the grounds for appeal is that the Defendant filed an appeal on the grounds that the sentence imposed by the lower court (one year of imprisonment) is too unreasonable, and the Prosecutor appealed on the grounds that the sentence of the lower court is too unhued and unreasonable.
2. Determination: (a) the Defendant repeatedly committed the instant crime at the same place; (b) even though he/she did not obtain a license, he/she purchased franchising vehicles without the license; (c) without the license; and (d) repeated driving of without the license after having not covered the insurance; and (d) the Defendant again committed the instant crime during the period of repeated crimes even though he/she had been sentenced to imprisonment for a maximum period of ten months on June 14, 2018; (b) even though he/she had been sentenced to imprisonment for a short term of eight months; (c) the Defendant again committed the instant crime during the period of repeated crimes; and (d) the fact that the Defendant recognized his/her mistake and opposed
The above circumstances are as follows: (a) comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the age of the Defendant, health status, character and conduct, environment, and circumstances that form the conditions for sentencing as indicated in the instant case, the sentence imposed by the lower court is too heavy or unreasonable; and (b) thus, the Defendant and the prosecutor’s aforementioned arguments are not acceptable.
3. In conclusion, since the appeal of this case by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.