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(영문) 대구지방법원 2013.08.23 2013노1771
야간주거침입절도등
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 (eight months 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, the instant crime was committed on the part of the Defendant and the prosecutor. The Defendant, upon intrusion upon the victim’s residence, stolen the goods, and then re-infusing the victim’s residence for the purpose of cancelling the loss report on the stolen passbook, thereby causing injury to the elderly victim. The nature of the crime was bad, and the fact that no agreement was reached with the victim is disadvantageous.

On the other hand, the fact that the degree of injury suffered by the victim is minor, the amount of damage is small, the return of the damaged items such as passbook and seal to the victim, and the defendant has no penalty power exceeding the fine.

In addition, considering all the sentencing conditions, such as the defendant's age, character and conduct, environment, criminal records, and circumstances after the crime, the court below's punishment is too heavy or unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are 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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