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(영문) 서울북부지방법원 2015.10.08 2015노909
상습야간건조물침입절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (the imprisonment of two years, the suspension of the execution of four years, the probation order for one year, and the community service order of 160 hours) is too unhued.

2. The Defendant committed the instant crime by habitually 25 times from September 29, 2014 to January 7, 2015. In light of the frequency of the instant crime, method of the crime, and amount of damage, etc., the Defendant committed the instant crime by habitually committing the instant crime, and there is a need to strictly punish the Defendant, who committed the instant crime. However, even though the nature of the crime is deemed to be extremely poor, the Defendant is recognized as erroneous, and there is no criminal history, and the Defendant is a first offender with no criminal history. The Defendant is a first offender with no criminal history at the lower court’s lower judgment, under mutual agreement between the victims of the instant crime, only L, D, J,O, P, Q, Q, G, I, R, C, C, and each of them expressed their intent not to have the Defendant punished, each of the damaged items returned to the victims at each stage of the investigation, and each of the damaged items returned to the victims, and the circumstances, motive and circumstances leading up to the Defendant’s criminal act, occupation and conduct, age, and circumstances, etc.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, among the summary of the evidence of the court below, the "written statements of 1.1. I, J, K, L, D, M, N, P, Q, R, S, T, U, V, W, X, Y, Z, AB, AB, and AC" are "I, J, K, L, D, M, M, N, P, P, P, Q, T, U, V, W, X, X, Z, AB, AB, and the corresponding "Article 32 and Article 330 of the Criminal Act" in the "Article 32, 330, 320, 329, 329, and 342 of the Criminal Act" in the "Article 32 and Article 330 of the Criminal Act" in the "Article 332 of the Criminal Act" in the applicable law, and the "victim 1.2, V, and Article 382" in the attached list of offenses.

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