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(영문) 창원지방법원 2016.02.04 2016노28
야간주거침입절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserts that the punishment imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

B. The prosecutor asserts that the above sentence imposed by the court below is too unfilled and unfair.

2. It is recognized that the defendant recognized his mistake and reflected his mistake, and surrenders himself to the investigative agency.

However, the Defendant was sentenced to imprisonment for a period of one year and six months on October 11, 2013 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes on the Aggravated Punishment, etc. of Specific Crimes. On February 23, 2015, he/she committed the instant crime on or after the execution of the sentence was completed, and only three months have passed since he/she committed the instant crime. Since the thief crime that intrudes upon another person’s residence is a dangerous crime that may expand or develop as a serious crime, such as robbery, it is necessary to strictize it, and there is no submission of special data on the recovery of victims up to the trial, taking into account the circumstances unfavorable to the Defendant. In addition, the lower court’s sentencing is unreasonable or unreasonable, taking into account the following: (a) there is no special circumstance or circumstance that is newly considered in the sentencing after the sentence of the lower judgment; (b) the Defendant’s age, sex, environment, motive, circumstance, means and method of the instant crime, and circumstances after the crime.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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