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(영문) 대전지방법원 2016.10.13 2016노2231

야간건조물침입절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is deemed to be too uneasible and unfair.

2. The judgment is an unfavorable circumstance to the defendant, such as that the defendant has been punished several times for the same kind of crime and a crime of different types.

However, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, environment, motive, means and consequence, the Defendant’s punishment against the Defendant is too uneasible and unreasonable, and thus, the Prosecutor’s assertion of unfair sentencing is without merit.

3. 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.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, among the summary of the evidence as indicated in the judgment of the court below, the phrase “N” in Section 2, Section 15 of the judgment of the court below shall be deleted, and on-site photographs of August 6, 2015 shall be corrected to read “on-site photographs of August 6, 2015” as “on-site photographs of June 8, 2016”