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(영문) 서울서부지방법원 2015.07.09 2015노644
야간주거침입절도등
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, confiscation) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. The judgment is the sentencing factors favorable to the Defendant that the Defendant made a confession and reflect on all of his own crimes, that the Defendant agreed with the victim E, K, and I, that the Defendant suffered economic difficulties, and that the Defendant appears to have reached the instant crime, and that the Defendant’s total theft amount is merely 3.82 million won.

However, it is an unfavorable sentencing factor against the defendant that there is no changed circumstance, such as that the defendant has been sentenced twice to a suspended sentence of imprisonment for the same crime, and that there is no changed circumstance such as agreement with the remaining victims after the judgment of the court below.

In addition, considering the overall sentencing factors prescribed by Article 51 of the Criminal Act, such as the defendant's age and family relationship, the sentence of the court below is appropriate.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, 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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