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(영문) 전주지방법원 2018.09.13 2018노960

절도

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The sentence of the lower court (one year and six months of imprisonment) is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The circumstances alleged by the prosecutor as an unfavorable element in relation to the sentencing in the trial of the party and the circumstances alleged by the defendant as an favorable element in the trial of the court below were revealed in the hearing of the court below, and there is no change of circumstances in relation to the matters that are the conditions for sentencing after

The lower court has already determined a punishment by fully taking into account all the circumstances that include the circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, and held that such punishment is too minor, or that it exceeded the reasonable scope of discretion on the determination of sentencing of the court due to its gross negligence.

shall not be deemed to exist.

Therefore, each of the improper sentencing of the prosecutor and the defendant is rejected.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.