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(영문) 서울서부지방법원 2017.11.02 2017노1111
야간주거침입절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (four months of imprisonment) is too unhued and unfair.

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

2. In full view of the favorable circumstances, such as the fact that the nature of the instant crime is not good, the Defendant’s rejection of the crime and the consistent defense at the lower court’s trial, the amount of damage is not significant, the fact that the amount of damage was found to have been erroneous, and the fact that there was no proof of specific criminal history, etc., taking account of the equity with the instant similar cases, the Defendant’s age, sexual conduct, intelligence and environment, the circumstances leading to the instant crime, the means and method of the crime, and the circumstances after the commission of the crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion cannot be accepted.

3. In conclusion, each appeal by the defendant and the prosecutor is dismissed. It is so decided as per Disposition.

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