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(영문) 대전지방법원 2015.09.24 2015노2156
야간건조물침입절도등
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with labor (one year and two months) of the court below is too unreasonable.

B. The court below’s sentence of the prosecutor (e.g., e., e., e., e., t

2. In light of the form of the instant crime, the method of the pertinent crime, and the risk of intrusion upon residence, etc., the Defendant committed the instant crime at once during the period of repeated crimes, even though he/she was punished several times due to the same kind of crime, and the Defendant did not recover from damage to the victims.

However, there are extenuating circumstances, such as the fact that the Defendant’s mistake is against himself, the number of damage is not so significant, the victim D, P, Q, and T does not want punishment against the Defendant, the most intrusion places are not residential space, and the Defendant said to not repeat the crime through vocational training, etc. In full view of the purport of the Constitutional Court’s decision of unconstitutionality as to Article 329 of the Criminal Act in Article 5-4(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, the purport of the decision of unconstitutionality as to the part regarding Article 329 of the Criminal Act, and other various sentencing conditions such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is not recognized that the

3. The Defendant and the prosecutor’s appeal are without merit, and 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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