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(영문) 서울남부지방법원 2019.10.24 2019노1589

절도등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the facts constituting the crime of Defendant A’s assertion of mistake of facts, the part on the acquisition and use of H-owned credit cards with respect to the case 2019 Godan1037 case was not intentional for each crime.

(A) I explained that he was his own parent credit card. (b)

The sentence imposed by the court below on the grounds of unfair sentencing (two and a half years and six months of imprisonment, and eight months of imprisonment) by both parties (the defendant A) is too weak or unreasonable (the prosecutor).

2. Determination

A. Defendant A also made the same assertion in the lower court, and the lower court rejected such assertion based on the evidence duly adopted and investigated by the lower court, and convicted Defendant A of the part of the facts charged.

In light of the above evidence, the judgment of the court below is just, and the above judgment of the court below is not erroneous.

Defendant

A's assertion of mistake of facts cannot be accepted.

B. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the judgment of the court below on the grounds of unfair sentencing regarding both parties.

In full view of various circumstances, including the Defendants’ previous convictions (not only were punished for the same kind of crime but also the period of repeated crime due to each kind of crime at the time of the instant crime), the amount of damage and the degree of recovery therefrom, as well as the Defendant’s age, character and conduct, environment, relationship to victims, motive and consequence of the instant crime, and the circumstances after the commission of the crime, etc., the lower court’s sentencing cannot be deemed to be excessively less light or heavy than the scope of reasonable discretion.

The prosecutor and the Defendants’ assertion of unreasonable sentencing cannot be accepted.

3. As such, the prosecutor and the Defendants’ appeal are without merit, and thus, they are in accordance with Article 364(4) of the Criminal Procedure Act.