beta
(영문) 수원지방법원 2015.12.10 2015노5409

절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The defendant and prosecutor's reasons for appeal of this case are as follows: the defendant reflects his fault in depth; the victim E and the prosecutor do not want to punish the defendant; the first offender who has no record of criminal punishment in Korea; among the trials of the court below, the so-called "walsinging" crime of this case resulted in the defendant's crime of this case in collusion with other co-offenders in collusion with the crime of this case; thus, the defendant has been actively involved in the crime of this case; the defendant has been taking part in the crime of this case; the defendant has played a role of generating cash within the victim's house by driving the police; other unfavorable circumstances such as the defendant's age, character and conduct, environment, family relationship, degree of participation, motive and circumstance of the crime, and circumstances after the crime, etc.; the above argument of the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed 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.