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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. The court below sentenced the defendant to one year of imprisonment with prison labor. In light of various sentencing conditions, the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.
2. We also examine the defendant and prosecutor's improper argument about the grounds for appeal.
Since around 2010, the Defendant was sentenced to three times of imprisonment for the same larceny crime, and the Defendant was sentenced to one year of imprisonment for night intrusion larceny at night at Busan District Court on July 23, 2014 and was released on March 27, 2015 after the execution of the sentence was completed on March 27, 2015, and two months have not passed since he was released from the prison despite the period of the repeated crime. Accordingly, the Defendant started to commit the larceny crime of this case under the same several Acts as the previous criminal law. The number of times of the larceny crime of this case is large, and the number of the larceny crimes of this case is poor in light of the victim E, K, M, P, Q, Q, R,O, H, and H were punished against the Defendant, which is disadvantageous to the Defendant.
However, the fact that the defendant recognized all of the crimes of this case and reflects the depth of each of the crimes of this case, the total amount of damage of each of the crimes of this case is about KRW 1,420,00,000, the victim L does not want punishment against the defendant among the victims, and a considerable number of victims have recovered from the damaged articles are favorable to the defendant.
In light of the above circumstances, in light of the Defendant’s age, sex, environment, health condition, circumstances after the crime, etc., various circumstances, which are the conditions for sentencing as indicated in the instant case’s records and theories, and the results of the application of the sentencing guidelines of the Supreme Court sentencing committee, etc., the Defendant and the Prosecutor’s assertion are without merit, since the sentence imposed by the lower court is too heavy or is deemed unfair because it is too heavy.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and thus, the Criminal Procedure Act is applicable.