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(영문) 광주지방법원 2017.05.02 2017노57
주거침입등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserted that the Defendant’s punishment against the lower court is too unreasonable, while the prosecutor appealeded to the effect that it is too unfasible and unfair.

2. The Defendant committed the larceny twice, and the thief was committed on one occasion, and the thief was committed on one occasion, and the amount of damage did not exceed KRW 5,450,000,000, and some of the damaged goods were returned to the victim.

On the other hand, the defendant committed a larceny continuously on the same day, and committed a theft of property by infringing upon a residence, and thus, it is not good to receive law and the nature of the crime, and it was not possible to recover the damage, and the record of juvenile protective disposition received for the same crime reaches four times.

In addition, comprehensively taking into account the sentencing conditions specified in the instant case, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the lower court’s punishment is only within the reasonable scope of discretion and is too heavy or light.

It is difficult to see it.

Therefore, we cannot accept all the defendant and prosecutor's argument.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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