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(영문) 부산지방법원 2016.06.30 2016노1166
야간건조물침입절도
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 on the Defendant (eight months of imprisonment) is too unreasonable.

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

2. The defendant and the prosecutor's arguments are examined together.

There are extenuating circumstances, such as the confession of the Defendant to commit the instant crime, the fact that the said victims do not want punishment, and most of the damaged goods have been recovered in the lower court, following the Defendant’s agreement with the victim C at the lower court.

However, considering the fact that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime without being aware of the fact that he/she was sentenced to imprisonment three times with prison labor, three times with prison labor, two times with prison labor with prison labor for the same crime, and one time with prison labor for the suspension of execution, and one time with fines, and other various circumstances that form the conditions for sentencing as indicated in the records and theories of the instant case, such as the Defendant’s age, sex, environment, family relationship, means and consequence of the instant crime, and the circumstances after the crime, etc., it is not deemed unfair because the Defendant’s punishment imposed by the lower court is too heavy or unfasible.

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, since all of the appeal filed by the defendant and the prosecutor are without merit.

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