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(영문) 대전지방법원 2018.10.12 2018노1836
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. There are no few times of the instant crime, and there is an interview and danger by several persons to commit a crime that intrudes upon their residence or structure at night, and the Defendant committed again the same several offenses under the same law after going through an investigation by the police even after being investigated by the police due to the front line, and the Defendant repeatedly committed a crime under the same law from January 201, 201, and the Defendant was subject to juvenile protective disposition by repeatedly committing a crime under the same law from Seosan-si and Taean-gun.

The defendant has yet to be aged, has no criminal record before criminal punishment, and the amount of damage to each of the crimes of this case is not significant, and certain victims expressed their intent not to be punished against the defendant during the investigation process, and there are favorable circumstances such as repayment of damage to some victims and additional agreement in the trial.

In full view of the aforementioned circumstances, comprehensively taking into account the circumstances, such as the character and conduct of the Defendant, the background of the instant crime, the overall situation before and after the instant crime, and the record of the crime, the sentencing of the lower court exceeded the reasonable scope of discretion by being too heavy or frighted.

subsection (b) of this section.

The argument that the sentencing of the defendant and the prosecutor is unfair is all rejected.

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, among the criminal facts of the lower judgment, the “30,000 won at the market price” under Article 364(4) of the Criminal Procedure Act is apparent that the “20,000 won at the market price” is a clerical error of “30,000 won at the market price,” and thus, ex officio correction is made in accordance with Article 25(1)

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