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(영문) 수원지방법원 2015.05.07 2015노1696

특수절도방조

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (four months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. The judgment of the Defendant not only has the record of having been punished several times due to the same crime, but also has been sentenced to imprisonment with prison labor due to larceny, etc. around 2012 and repeatedly requires more severe punishment during the period of repeated crime.

However, there is no significant degree of the defendant's participation in the special larceny crime of C and D, and the fact that he or she has divided his or her mistake and reflected his or her mistake is favorable to the defendant.

In full view of such various factors of sentencing and the defendant's age, character and conduct, environment, etc., the court below's sentencing cannot be deemed to be too weak or unreasonable. Thus, the prosecutor's and the defendant's respective arguments are without merit.

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