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(영문) 서울북부지방법원 2016.07.22 2016노1007

절도미수등

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 is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. After being sentenced to a fine twice as a crime of intrusion upon residence, the Defendant committed the instant crime of intrusion upon residence, even though he/she was sentenced to a suspended sentence of two years for night residence theft, and was sentenced to a fine for the crime of intrusion upon residence again during the suspended sentence of two years, he/she committed the instant crime of larceny.

However, the defendant has changed the circumstances agreed with the victim after the appellate trial.

In addition, considering the overall circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is heavy or unreasonable, even if it is deemed that the circumstances alleged by the Defendant and the Prosecutor are deemed unreasonable.

Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. If so, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.