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(영문) 의정부지방법원 2013.09.26 2013노1645

특수절도등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower judgment (one year of imprisonment) is too unreasonable.

B. The form of the lower judgment by the prosecutor is too uneasible and unreasonable.

2. The judgment of the court below is not reasonable by comprehensively taking account of various sentencing factors indicated in the instant case, such as the defendant's age, character and conduct, occupation and environment, the process and result of the crime, circumstances after the crime, etc., such as the fact that the defendant committed a crime of this case against the defendant, and that the defendant provided old-age and children, etc. as a part of daily worker, and that the defendant did not repeat the crime in the future, and that there were several punishments including the same kind of crime; the crime of this case constitutes repeated crimes; the defendant committed the crime of this case in a systematic and planned manner by dividing the roles and division into the co-offenders; the defendant did not agree with the victims; the defendant did not have sufficient damage recovery; and other sentencing factors indicated in the instant case, such as the defendant's age, character and behavior, circumstance and consequence of the crime, circumstances after the crime, etc., are adequate, too heavy or unfford

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