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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court against the Defendant (one year and six months of imprisonment) is too unreasonable.
B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.
2. In light of the fact that the Defendant led to a misunderstanding while making a confession of the instant crime, the Defendant appears to have grown in an imminent environment, and the instant crime was committed due to difficult livelihood. The Defendant’s health conditions such as high blood pressure, urology, and melting the Defendant’s female her wife, and the Defendant’s female her female her mother seems to have relatively obvious social ties.
However, the crime of this case is recognized that the defendant habitually intrudes on another person's structure at night and steals or attempted property, in light of the period, frequency, and method of the crime, the responsibility for the crime is very heavy, the defendant does not make any effort to recover damage to the victims, and even if the defendant had been punished several times for the same crime, there is a history that the defendant committed the crime of this case.
On the other hand, in our criminal litigation law taking the principle of court-oriented trials and the principle of directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The favorable or unfavorable circumstances against the recognized defendant do not constitute a special change in circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced, and the overall circumstances that form the conditions of sentencing specified in the instant pleadings, such as the defendant’s age, sex, environment, etc., are taken into consideration.