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(영문) 대구지방법원 2017.11.17 2017노4281

절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Determination is more advantageous to the Defendant’s confession of each of the instant offenses; the amount of damage caused by the instant larceny is not significant; each of the instant offenses is more favorable to the Defendant, including larceny, etc. finalized by the judgment on March 3, 2017 or larceny of intrusion by night room, etc. finalized on August 11, 2017, which became final and conclusive on August 11, 2017, in relation to concurrent crimes under Article 37 of the Criminal Act with the relationship between the crime of larceny of intrusion by night room, etc. and the crime of larceny by night room, which became final and conclusive on August 11, 2017; the Defendant ought to take into account the case to be judged simultaneously under Article 39(1) of the Criminal Act;

However, in this case, the Defendant invaded upon the victim’s residence and stolen the cash and satisfaction of the victim’s possession, and the nature of the crime is not good; the Defendant did not agree with the victim; the Defendant appears not to have made efforts to recover the victim’s damage; the Defendant has been under juvenile protective disposition and criminal punishment several times of larceny; and in particular, on September 10, 2015, the Cheongju District Court sentenced the Defendant to imprisonment with prison labor for larceny, etc. on September 15, 2016 and was serving as a repeated offender on March 15, 2016, but did not know of the fact that the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant committed the crime of this case

In addition to the above circumstances, considering the fact that there is no change of circumstances that could change the punishment as determined by the court below, and the defendant's age, sex, environment, motive and background leading to the crime of this case, the means and consequence of the crime of this case, and all of the sentencing conditions in the theory of changes, the punishment sentenced by the court below is deemed appropriate.

3. If so, the appeal by the defendant and the prosecutor is to be made.