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(영문) 대전지방법원 2016.04.01 2016노440
특수절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uncomparably unreasonable.

2. The crime of this case is an unfavorable circumstance where: (a) the crime of this case was committed at night by destroying a part of the structure and intrusion on the structure; (b) the victim’s property was stolen; (c) the nature of the crime is bad; (d) the Defendant committed the crime of this case despite having committed the same kind of crime; (e) the Defendant has a number of same power; and (e) the victim is

However, the fact that the defendant led to the crime of this case and reflects it, and the fact that the amount of damage of this case is a small amount of KRW 170,000 shall be considered as favorable circumstances.

In addition, comprehensively taking account of the motive and background of the instant crime, means and methods, the circumstances before and after the instant crime, and other circumstances, such as the Defendant’s age, sexual behavior, career, and environment, the lower court’s punishment is too heavy or too unreasonable.

The argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. The appeal filed by the Defendant and the prosecutor is 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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