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(영문) 서울북부지방법원 2017.03.30 2017노357

절도미수등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is that the punishment (one year, confiscation) imposed by the court below against the defendant is too unreasonable.

The above-mentioned sentence of the court below's order against the defendant is too unhued and unfair.

Under the judgment on the reasons for appeal, the defendant and the prosecutor's improper arguments are also examined.

Considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual conduct, occupation, and family relation, such as the fact that the Defendant is against the recognition of the instant crime, the fact that there is no past history of criminal punishment against the Defendant, and there is no substantial property damage to the victim, etc., the circumstances favorable to the Defendant, and the fact that the instant crime was committed in a very serious social disorder due to the alteration of the so-called “scaming crime,” and that the Defendant did not receive a letter from the injured party, etc., as well as other circumstances that are the conditions for sentencing as indicated in the records, such as the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, sexual behavior, occupation, and family relation, and thus, the punishment imposed by the lower court cannot be deemed unfair because it is too

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no ground for appeal by the defendant. It is so decided as per Disposition.