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(영문) 대구지방법원 2017.11.17 2017노3912
야간건조물침입절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, 40 hours of order to complete the program) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. As to each of the unlawful sentencing arguments by the Defendant and the prosecutor, the following facts are examined: (a) the Defendant recognized all of the facts charged in the instant case and reflects his mistake; (b) the Defendant agreed with two victims of the instant indecent act and one of the victims of the instant larceny; (c) some victims of the instant larceny do not want to be punished; (d) the Defendant did not have any record of punishment due to sexual assault; and (e) the instant crime committed by the lower court committed an indecent act in favor of the victims who have danced at the main point; (b) the Defendant committed the instant crime, such as the victim’s her arm’s length, etc.; (c) the victim’s her arm’s length, and her attempted to steals property or to steals at night; (d) the Defendant did not have any record of the instant indecent act; and (e) the lower court’s assertion that there was no special reason to deem the Defendant to have been excessive changes in circumstances, including, but not limited to, the Defendant’s age of punishment due to the larceny; (e.

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

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