logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.11.11 2015노2281
야간건조물침입절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts to the effect that the punishment imposed by the lower court ( imprisonment with prison labor for eight months and confiscation) is too unreasonable, and the prosecutor asserts to the effect that the punishment imposed by the lower court is too unhued and unreasonable.

2. The fact that the defendant confessions and reflects the judgment, and that the amount of damage is relatively small is favorable.

On the other hand, the fact that the defendant had been punished several times due to the same crime in the past, and thereby committed each of the crimes of this case again even during the period of repeated crime, and that the defendant did not reach an agreement with the victims is disadvantageous.

Considering the above circumstances and the scope of recommended sentences according to the sentencing guidelines of the Supreme Court Sentencing Committee (at least eight months of imprisonment) and the fact that there is no special reason to change the sentencing after the sentence of the lower judgment, and other various conditions of sentencing as shown in the records and arguments of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., such as the circumstances after the crime was committed, it cannot be deemed that the sentence imposed by the lower court is

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow