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(영문) 광주지방법원 2017.06.22 2017노1550
야간주거침입절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (six months of imprisonment) so long as it is too unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The crime of this case, one of the following is that the defendant intrudes into another person's house through the open entrance on the new wall and steals goods, and the nature of the crime is bad, that is, an offense during the period of a repeated crime of the same kind, the criminal records of criminal punishment for the same thief amounting to eight times (five times a sentence among them), and the method of the crime of this case also intrudes another person's residence or structure at night and steals goods, and thus, it is highly likely to repeat the crime of this case.

They look at the disadvantage of the state.

However, the fact that the defendant was found to have been aware of the victim immediately after the crime and returned the goods to the victim, and that the defendant committed the crime of this case by contingently while living in a old-age room after the release is seen as favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances after the commission of the crime, and other various sentencing conditions as shown in the instant records and pleadings, the lower court’s punishment is too heavy or unreasonable.

The grounds for each appeal are without merit.

3. The appeal filed by both 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.

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