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(영문) 광주지방법원 2016.11.03 2016노2590
상습야간건조물침입절도
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (eight months of imprisonment, confiscation) of the lower court is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime of this case is committed in a way that the defendant confirmed the scene of the crime in advance, stolen bicycles, and then destroyed the correction device using cutting machines during the night-time and steals bicycles. The crime of this case is planned to commit the crime, and the nature of the crime is bad in light of the fact that the crime was committed and the method of the crime.

The number of crimes is high, and the period is also reasonable.

Although the Defendant had a record of criminal punishment for the same crime, he/she again committed the instant crime.

On the other hand, the following conditions are favorable.

The defendant is recognized as committing a crime and is against the law.

Some of the stolen bicycles were returned to the victims, and an agreement was reached with the victims (excluding the victims' non-merchants) who did not receive a refund of bicycle.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.

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