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(영문) 서울서부지방법원 2017.02.09 2016노1533
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 (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The lower court determined that the Defendant committed the thief, etc. of this case, which led to the Defendant’s conviction and reflects the mistake, and that the amount of damage caused by each of the larceny crimes of this case is relatively much much more favorable to the Defendant. The instant crime was committed under the circumstances favorable to the Defendant, such as: (a) the Defendant, at night, intruded into a telephone room operated by the victims and stolen cash, or forged or exercised documents by entering another’s name; (b) the Defendant committed the thief of this case, including suspended execution, even though there was a history of criminal punishment twice due to the thief of this case; and (c) the Defendant did not recover from damage.

In addition, comprehensively taking account of the defendant's age, career, sexual behavior, environment, family relation, motive for committing the instant crime, means and method of committing the instant crime, circumstances after committing the crime, etc., the sentence of the lower court is deemed appropriate, and it does not seem to be unfair because it is too heavy or too low.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

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

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