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(영문) 전주지방법원 2015.09.25 2015노862

상습절도등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case requires strict punishment for the defendant, considering that the defendant stealss property equivalent to KRW 20 million in total from a passenger car or an abandoned house parked 14 times in total, and deceiving the defendant to sell a mobile phone through the Internet car page, the crime is inferior in light of the method and frequency of the crime, the damage recovery is not yet made, and the defendant has a history of being subject to criminal punishment for larceny.

However, there is also good reason to consider the Defendant favorable to the Defendant, such as the confession of the instant crime, the Defendant’s mistake, and the fact that there is no record of criminal punishment exceeding the fine. Considering all the above circumstances and all the sentencing conditions of the instant argument, including the Defendant’s age, character and conduct, family environment, the lower court’s punishment cannot be deemed to be too weak or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant 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.