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(영문) 서울중앙지방법원 2015.04.30 2014노4405

절도

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant 1’s misunderstanding of facts cited by the victim of the crime and attempted to find out the victim’s bags, and it does not seem to have stolen the bank.

(2) The sentence imposed by the lower court on the grounds of unreasonable sentencing (a fine of four million won) is too unreasonable.

B. The sentence (a fine of four million won) imposed by the prosecutor by the court below is too unhued and unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, the court below's determination of guilty of the facts charged is just and there is no error of law as to misconception of facts.

Therefore, this part of the defendant's assertion is rejected.

B. We examine both the defendant and prosecutor's argument on unfair sentencing.

Although there are no circumstances to take into account the circumstances such as the Defendant’s economic situation difficult, considering the following circumstances: (a) the victim wants to punish the Defendant; (b) there is no special circumstance or circumstance that may be newly considered in the sentencing after the sentence of the lower judgment; and (c) other various circumstances that form the conditions for the argument and the sentencing specified in the record of the instant case, including the Defendant’s age, character and conduct, environment, the process, motive, means, and consequence of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (b) it

Therefore, the defendant and the prosecutor's argument are not accepted.

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