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(영문) 부산지방법원 2021.02.16 2020노3983

야간주거침입절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The determination of the Defendant’s punishment (unfair sentencing) (one year of imprisonment) is unreasonable.

B. A prosecutor (misunderstanding of facts and improper sentencing) committed a larceny of 20 panty 20 pantys for women, thereby committing a larceny at night.

The amount of punishment imposed is unreasonable.

2. Determination

A. On the grounds stated in the judgment below, the court below held that the defendant thefted panty for women only by the evidence submitted by the prosecutor on the grounds as stated in the judgment.

It was judged that there was a lack of recognition.

Upon examining the records, the judgment of the court below is correct and there is no error of law that affected the conclusion of the judgment.

B. The lower court rendered a sentence on the unfair argument of sentencing by comprehensively taking account of the criminal history, the nature of the crime, the agreement not to reach an agreement, and the members of the family.

The court below did not err in selecting and applying sentencing elements, and there is no change in sentencing conditions in the appellate court.

No respect for the determination of the lower judgment cannot be respected (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors again in this court, the determination of the lower judgment cannot be deemed unreasonable or unreasonable by exceeding the reasonable scope of the discretion, even if it re-examines the sentencing factors.

3. The appeal by the Defendant and the Prosecutor is without merit.

All of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.