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(영문) 광주지방법원 2015.09.08 2015노1540
야간건조물침입절도등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The first instance court’s imprisonment (six months of imprisonment) is too unfluent and unfair.

B. Defendant 2’s imprisonment (six months of imprisonment) is too unreasonable.

2. Determination

A. As to the judgment of the court below of first instance, the Defendant committed the instant crime during the suspension period of execution due to the instant crime, which is the period of repeated crime following the completion of the execution of the sentence due to injury, such as night-time and intrusion larceny, etc., and all of the instant crimes are crimes committed at night, such as: (a) disadvantageous elements of sentencing, such as the crime committed by intrusion on the office at night; (b) the total value of stolen goods is against the Defendant; and (c) the victim G is not subject to the Defendant’s punishment; and (d) favorable factors of sentencing, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) other various circumstances that form the conditions of sentencing as indicated in the instant records and arguments, including the Defendant’s age, character and behavior, environment, motive, means and consequence after the crime, and the scope of recommended sentences of sentencing guidelines (one year to three years).

Therefore, the prosecutor's allegation of unfair sentencing against the judgment of the court of first instance is without merit.

B. As to the judgment of the court below of the second instance, the defendant's total value of stolen property exceeds 16 million won and the number of crimes is not significant, and the elements of unfavorable sentencing, such as the fact that the nature of the crime is not good, and the defendant is against the defendant, among stolen property, factors of favorable sentencing, such as the fact that the seizure has been made, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, various circumstances that are conditions of sentencing as indicated in the records and arguments of this case, such as the circumstances after the crime, and the relation between the crime of injury and the crime of night entry theft, which become final and conclusive, should be considered as a whole.

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