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(영문) 수원지방법원 2017.03.24 2017노816

절도등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The punishment sentenced by the prosecutor (eight months of imprisonment) by the court below is too unhued and unreasonable.

2) The sentence imposed by the lower court is too unreasonable.

2. The lower court sentenced eight months of imprisonment in consideration of the circumstances favorable to the Defendant, favorable to the Defendant, and the sentencing guidelines recommended by the Sentencing Committee.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

There is no circumstance that the lower court’s sentencing is deemed unfair or unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the character and conduct of the Defendant, family relations, the background and result of the instant crime, the circumstances after the instant crime, etc., the sentence of the lower court is appropriate, and it is not deemed unfair or unreasonable due to excessive weakness.

Therefore, prosecutor and defendant's assertion are without merit.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.