beta
(영문) 대전지방법원 2015.09.10 2015노2116

특정범죄가중처벌등에관한법률위반(절도)

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendant (unfair punishment) is too unlimited and unfair.

The prosecutor (unfair form of punishment)'s sentence imposed by the court below on the defendant is too unfasible and unfair.

Judgment

The defendant reflects each of the crimes of this case, the age of the defendant is old, the victims expressed their intention not to punish the defendant, etc. are favorable to the defendant.

However, on May 24, 2012, the Defendant again committed the instant crime at two years of imprisonment with prison labor for a short term of one year for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. in the Daejeon District Court’s Incheon Branch Branch, which was sentenced to a short term of one year, and three months after being released from the Defendant. Unlike the circumstances, the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or there are no other data newly discovered in the course of the trial of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of all the sentencing conditions, including the Defendant’s character and behavior, environment, the background of the instant crime, and the circumstances before and after the instant crime, and thus, the Defendant and the prosecutor’s allegation of unfair sentencing is deemed too heavy or unreasonable. Thus, all of the grounds for unfair sentencing

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit.