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(영문) 대구지방법원 2016.11.02 2016노3689
야간방실침입절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, it is recognized that the Defendant’s mistake is divided by making a confession of all the crimes, and the amount of individual damage is not so significant.

However, in light of the fact that the Defendant committed each of the crimes of this case without being aware of the fact that the Defendant was sentenced 6 times to a fine due to the same crime and 2 times a suspended sentence, and that the Defendant committed each of the crimes of this case without being aware of it during the suspended sentence period, in light of the form, method, frequency, etc. of each of the crimes of this case, the nature of the crime was bad, the damage was not completely recovered, and the victims were not agreed upon, and the Defendant’s age, character and behavior, environment, motive, means and consequence of each of the crimes of this case, and the scope of recommended sentencing guidelines for the enactment of the sentencing guidelines set forth in the arguments of this case, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed on the Defendant

Therefore, each of the defendant and prosecutor's arguments 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. It is so decided as per Disposition.

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