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(영문) 부산지방법원 2015.11.26 2015노3037
상습야간건조물침입절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below sentenced the defendant two years of imprisonment, and the prosecutor asserts that in light of various sentencing conditions, 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 argument on the grounds of appeal on unreasonable sentencing.

Since around 2005, the defendant has been sentenced five times to imprisonment for the same larceny crime, and on May 11, 2012, the defendant was sentenced to three years to imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Busan District Court on March 10, 2015, and was released from prison despite the completion of the execution of the sentence on March 10, 2015, and began to stop the larceny crime of this case under several Acts identical to the previous Act on the Aggravated Punishment, etc. of Specific Crimes after eight days from the date of the repeated crime. In light of the number of times of the larceny crime of this case, there are a lot of frequency of the larceny crime of this case and the number of crimes, etc., the victim J, G, the victim stated in paragraph (5) of the criminal facts of the judgment of the court below, and AD want to punish the defendant.

However, the fact that the defendant recognized all of the crimes of this case, the total amount of damage of each of the crimes of this case is equivalent to KRW 2.78,00,000, and the defendant was living due to difficulties in living after release, and the victim X andO agreed with the victim. After the crime of this case, the victim's cash 101,000, cash 30,000, cash 30,000, and the victim victim's JJ collected each of the crimes of this case are favorable to the defendant.

In addition to the above circumstances, various circumstances such as the defendant's age, character and conduct, environment, circumstances after the crime and circumstances after the crime in this case and the sentencing conditions specified in the arguments, and the result of the application of sentencing guidelines by the Supreme Court sentencing committee.

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