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(영문) 전주지방법원 2020.04.28 2020노180

절도등

Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In addition to the circumstances unfavorable to the Defendant, such as the fact that the Defendant showed the attitude of recognizing and opposing the Defendant’s mistake, that the Defendant agreed with most victims, etc., the circumstances favorable to the Defendant, that the Defendant had been engaged in the suspension of execution for the same kind of crime in 2013, and that the Defendant committed a second offense while being investigated, etc., the sentence of the lower court was mitigated or aggravated in the trial, without any changes in circumstances that are disadvantageous to the Defendant, and other sentencing conditions indicated in the records and arguments, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment is deemed to be reasonable

Therefore, the defendant and prosecutor's argument is without merit.

3. The appeal 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.