beta
(영문) 대구지방법원 2015.07.09 2014노3304

절도

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment imposed by the lower court (a fine of 6 million won) is too unreasonable.

(b)the sentence imposed by the Prosecutor is too uneasible and unreasonable;

2. The Defendant committed the instant crime again during the period of suspension of execution of the same kind of crime, even though he/she had a record of multiple criminal punishment, including criminal conviction for the same crime, is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflects his mistake, that the amount of damage is relatively minor, and that the victim also seeks the wife of the defendant by agreement with the victim.

Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by 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.