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(영문) 광주지방법원 2017.12.06 2017노3733
상습야간건조물침입절도등
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 (two years and six months of imprisonment, and 40 hours of order to complete a sexual assault treatment program) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant all of the crimes of this case are recognized.

However, each of the crimes of this case is not very good in light of the means, results, frequency, target, etc. of the crime, and the defendant, without being able to do so during the period of repeated crime, committed each of the crimes of this case, is disadvantageous to the defendant.

In addition, there is no change in the sentencing conditions compared to the original judgment, and considering all the sentencing conditions specified in the records and arguments of this case, the lower court’s punishment is too heavy or unfluent so that it cannot be deemed unfair. Thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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