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(영문) 대전지방법원 2014.08.21 2014노356

야간건조물침입절도등

Text

The appeal by the prosecutor is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one-month imprisonment, two-year grace period) is too unhued and unfair.

Judgment

If the defendant repeatedly intrudes on a building at night and stealss an object, in light of the frequency and method of the crime, etc., the liability for the crime is grave, and the damage has not been recovered, etc. is disadvantageous.

However, there are favorable circumstances such as the confession of all crimes and the depth of his mistake, the extent of damage caused by the crimes of this case is relatively minor, the defendant has no record of being punished as punishment for the same kind of crime, most victims have not been punished against the defendant, and considering all the sentencing conditions such as defendant's age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.