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(영문) 대전지방법원 2015.09.25 2015노2401
특수절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (one year and ten months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. In light of the fact that the crime of this case committed by the Defendant, together with his accomplices, intrudes on the victims’ residence and attempted to steals or steals property, and that it is not good that the crime was committed as an attempted crime, and that it was committed with the previous crime and the sentence imposed, the sentence of sentence on the Defendant is inevitable.

B. Meanwhile, there are extenuating circumstances, such as the confession of a crime and the misunderstanding of a mistake, the restoration of a part of the damaged goods, and the agreement with the victim F, M, N, and K.

In addition, the sentence of the court below is reasonable in full view of all the sentencing conditions, such as balance with accomplices, the age, living environment, the process and result of the crime, and the circumstances after the crime.

3. The appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided

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