Text
The appeal by the defendant and the prosecutor shall be dismissed.
Reasons
1. Determination as to the unjust assertion of sentencing by Defendant and Prosecutor
A. The gist of the grounds for appeal argues that the defendant is too unreasonable due to the excessive reduction of the punishment sentenced by the court below (four years of imprisonment with prison labor), and the prosecutor asserts that the punishment sentenced by the court below is too uneasible and unfair.
B. The crime of this case is a case where the Defendant invaded upon another person’s residence in Gwangju and inn, and stolen money, goods, etc. over 12 times, and the result of the crime is not easy and poor in light of the method of crime and recovery of the crime.
In addition, even though the defendant was punished several times due to the same thief crime, he/she had not completed the execution of punishment due to the same thief crime, and he/she again committed the crime of this case since six months have not yet passed since the execution of punishment due to the same thief crime was completed, and there is a great need for
However, the defendant recognized the crime of this case and divided his mistake, and the amount of damage to the crime of this case is very large.
It is difficult to do so.
In addition, it seems that there seems to be a relatively flexible relationship between the defendant and some of the victims (two persons) by mutual consent, such as the victim's desire to take the defendant's wife, and the defendant's wife again.
In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sexual conduct, growth and environment, motive or circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the lower court is too heavy or it cannot be said that the Defendant exceeded the reasonable scope of discretion.
Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.
2. The appeal filed by the Defendant and the prosecutor is dismissed on the grounds that the appeal is groundless.