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(영문) 의정부지방법원 2013.03.28 2013노330

절도

Text

All appeals filed by the defendant and prosecutor 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 unfortunate and unreasonable.

2. Taking into account all the circumstances favorable to the Defendant, such as the fact that the Defendant did not have the same criminal power, that the Defendant agreed with the victimized company, that the Defendant was in depthing, and that the amount of damage of this case was the large amount favorable to the Defendant, and that the instant crime was planned and repeated over a long time, and that the actual victim G did not recover from any particular damage, etc., taking into account all the circumstances unfavorable to the Defendant, and taking into account the factors leading to the instant crime, other factors such as the Defendant’s age, character and conduct, criminal conduct, method of crime, and circumstances after the crime, etc., and taking into account the sentencing of the Defendant, the lower court’s sentence against the Defendant is deemed to be adequate and deemed to be too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion

3. If so, 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.