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(영문) 광주지방법원 2016.09.28 2016노2545
상습야간건조물침입절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant had been punished several times for the same theft crimes, and each of the crimes of this case was committed even during the period of repeated crime.

For a short period of time, each of the crimes of this case has been committed repeatedly, and the amount of damage is also reasonable.

This is disadvantageous to the defendant.

On the other hand, the defendant recognized his mistake as a whole and runs counter to his depth.

Victim I, AA, F, AF, R, and they do not want to be punished by the defendant.

The Defendant committed the instant crime under the mental and physical weakness.

This is the circumstances favorable to the defendant.

In addition, given that there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, the Defendant and the Prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or it is not deemed unfair because it is too heavy, in full view of various sentencing conditions as shown in the argument of the instant case, such as the background of the instant crime, the circumstances after the crime was committed, the Defendant’s age, sexual conduct, and the environment.

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

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