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(영문) 대구지방법원 2017.11.30 2017노4318

절도등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

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

2. The lower court sentenced each of the crimes of this case to the above punishment by taking account of the circumstances favorable to each of the crimes of this case, such as the following: (a) the Defendant’s destruction of the window of a vehicle parked with a mastke worn at night, and theft of cash, etc. or attempted attempt; (b) the nature of the crime is not good in light of the method and pattern of the crime; and (c) the victims’ failure to recover from damage; (d) the Defendant recognized each of the crimes of this case; and (e) some of the crimes committed were committed by the Defendant,

In addition to the circumstances considered by the court below, the court below takes into account the fact that the defendant had been subject to punishment several times for the same kind of crime into consideration the circumstances that the victim E andJ agreed on November 1, 2017 and the victims were unable to punish the defendant, and the social relationship seems relatively clear.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable as it is alleged by the Defendant or the prosecutor.

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