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(영문) 전주지방법원 2015.07.24 2015노598

절도

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. In light of the fact that the Defendant stolen construction materials equivalent to KRW 146 million at a construction site of 36 times a year during which the Defendant had been subject to criminal punishment for attempted larceny in 201, the crime of this case is serious in light of the frequency of the crime, the degree of damage, and the degree of damage, and the Defendant did not make any effort to recover from damage, and the Defendant has a record of criminal punishment for attempted larceny in 201, it is necessary to strictly punish the Defendant.

However, given the above circumstances and all of the sentencing conditions specified in the argument of this case, such as the Defendant’s age, character and conduct, family environment, etc., the Defendant’s confession, and reflects the mistake, the Defendant appears to have committed the crime of this case for the treatment expenses of wife suffering from cancer, the victim was returned, and the Defendant did not have any record of criminal punishment exceeding the fine. Thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.