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(영문) 부산지방법원 2017.01.20 2016노4312
야간건조물침입절도등
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 (one year of imprisonment) is too unhued and unreasonable.

2. The instant crime was committed repeatedly by the Defendant, for about six months, and thus, the nature of the crime was bad, and the fact that the Defendant went to the instant crime without being aware of even though he/she was in the period of repeated crime, is unfavorable.

However, it is favorable to the defendant, such as the following: (a) the defendant is deeply against the crime of this case; (b) making soup soup without a certain residence after being released; and (c) the defendant, who resolved board and lodging, was unable to receive wages at the construction site and led to the crime of this case because he was unable to receive wages; (b) the total amount of damages was minor in amount to KRW 800,000; (c) the victim D expressed the defendant's intention not to punish the defendant at an investigative agency; and (d) there was

In addition, comprehensively taking into account the various circumstances shown in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means, and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable.

3. In conclusion, the defendant's appeal and prosecutor's appeal are all without merit, and they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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