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(영문) 의정부지방법원 2020.04.10 2019노3333
야간건조물침입절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

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

2. The judgment is an unfavorable circumstance, such as the fact that the defendant has been punished several times for the same crime, that the defendant was sentenced to 8 months of imprisonment with prison labor for night structure intrusion theft, and that the defendant committed each of the crimes of this case at hand with the lapse of 3 months after the execution of the sentence was completed, and that there was an unrepared damage.

However, the damage amount is relatively large, and the fact that the defendant acknowledges each of the crimes of this case and reflects the wrongness is favorable.

In full view of the above circumstances, Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, etc., as well as all the sentencing conditions and arguments mentioned in the records and arguments of this case, there is no change in the sentencing conditions compared with the original judgment, and there is no change in the sentencing conditions compared with the original judgment, it is difficult to deem that the lower court’s

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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