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(영문) 수원지방법원 2020.06.11 2020노1554

절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the defendant to take part in the collection or delivery of cash in the organization of the Bosing criminal act, and after entering the Republic of Korea, by intrusion upon the residence of the victim who was accused of him, and then stolen the cash that the victim was placed in the cooling house, and then delivered it to the assistance officer in the name of the victim. In light of the method and contents of the crime, the crime is very poor, and the amount of damage is not less than 20 million won in light of the crime method and contents. The crime of Bosing is a crime, because the crime of Bosing is close and planned, it is difficult to crack down and the scope of damage is not easy, and it is very difficult to recover the damage, and thus, it is necessary to strictly punish the victim. The damage of the victim was not recovered at all, and the defendant could not be used by the victim, and the defendant appears to have entered the Republic of Korea to prevent the criminal act of this case again after leaving the Republic of Korea.

On the other hand, the fact that the defendant recognized all of the crimes of this case and divided the wrong facts in depth, and that the profits earned from the crime of this case have not been much increased is favorable.

In addition, taking into account the Defendant’s age, character and conduct, environment, motive and background leading to the commission of a crime, the means and consequence of a crime, and the equity between the various sentencing conditions as shown in the instant records and arguments, such as the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is justified.