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(영문) 수원지방법원 2016.01.29 2015노7115

절도등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

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

2. The crime of this case committed by the Defendant in collusion with the so-called Bosing staff in collusion with the so-called Bosing staff, is highly harmful to our society, and the Defendant plays a role in delivering the course of escape to other lighting staff who committed the larceny by intrusion upon the victim’s residence. In light of the fact that the role of the Defendant is not easy, and that the Defendant seems to have clearly perceived the illegality of the crime of this case in light of the role of the Defendant, and that the Defendant has the history of punishment for the same kind of crime, it is necessary to punish the Defendant strictly.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and is against the victim I; (b) agreed with the victim I; (c) deposited KRW 5 million for the victim F; (d) the Defendant appears to have relatively low profit; and and (e) other circumstances that form the sentencing conditions specified in the instant case, such as the Defendant’s age, sexual conduct, environment, family relationship, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant, his defense counsel, and prosecutor's above sentencing are without merit.

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