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(영문) 수원지방법원 2014.03.27 2014노153
야간주거침입절도미수
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal and the defendant asserts that the sentencing of the court below (six months of imprisonment) is too minor or unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant again committed the instant crime of the same kind for the preparation of agreed money while being tried at night due to the theft of residence; (b) the nature and circumstances of the relevant crime are not good; and (c) the fact that there was no agreement with the victim.

On the other hand, the Defendant’s confession and confession of the instant crime is against the Defendant; the instant crime is committed against the attempted larceny; the degree of damage therefrom is relatively minor; the instant crime is committed by the Defendant, who was sentenced to imprisonment on July 31, 2013 with prison labor for eight months in Suwon District Court, and one year in suspension of execution on August 8, 2013; and is in the relation of night intrusion larceny and larceny for which the judgment became final and conclusive and the latter concurrent crimes under Article 37 of the Criminal Act.

In full view of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, as well as the aforementioned flexible and unsound circumstances, the lower court’s sentence against the Defendant is deemed appropriate.

3. According to the conclusion, since the appeal by the prosecutor and the defendant is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

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