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(영문) 대구지방법원 2019.08.23 2019노1820
야간주거침입절도미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that of the lower court’s imprisonment with prison labor for not less than ten months, which is deemed to be too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the circumstances indicated in its holding, the lower court determined the sentence against the Defendant in light of the following: (a) the nature of the crime is not good considering the number of crimes, namely, the method of each of the instant crimes, and the frequency of the crimes; (b) the Defendant has the criminal power to be sentenced to a suspended sentence of imprisonment for the same kind of crime; (c) the Defendant reflects his/her mistake; (d) the thief was committed against the attempted larceny; and (e) there was no special circumstance or change of circumstances to change the sentence of the lower court in the trial; and (e) the Defendant’s age, character and conduct, environment, motive of the crime, and circumstances after the crime, etc. are considered to have been committed, and thus, the lower court determined the sentence against the Defendant in light of the favorable circumstances, such as the fact that the sentence imposed by the lower court was committed against the Defendant. In so doing, it cannot be deemed unjust even if comprehensive considering the various circumstances that are the conditions for sentencing specified in the argument in the instant case,

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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