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(영문) 대구지방법원 2015.04.24 2015노640

절도등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of eight months of imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The lower court’s punishment is deemed appropriate in light of the following circumstances: (a) the Defendant recognized all of the instant crime; (b) the Defendant’s health and economic conditions are not good; (c) the favorable circumstances, such as the fact that there are some conditions to take account of the motive of the instant crime; and (d) the records of the instant crime, such as larceny and larceny, and fraud, are considerably high; (b) the Defendant committed the instant crime without being able to do so during the repeated crime period; and (c) the fact that the amount of damage was not sufficiently recovered; and (d) other unfavorable conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the instant crime, etc.; and (c) the Defendant

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