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(영문) 춘천지방법원 2015.10.07 2015노522

절도미수등

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 (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. In light of the circumstances that the Defendant recognized the Defendant’s mistake and reflects the Defendant’s mistake, the fact that the Defendant agreed with the victims, the wife’s consent, and the fact that the Defendant’s wife has been punished for the same kind of crime, and the fact that the Defendant’s punishment was committed for the same kind of crime, a part of the crime is disadvantageous to the Defendant, such as the crime committed during the period of repeated crime of the same kind of crime, and the motive and background leading up to the Defendant, the circumstances after the crime, the Defendant’s age, character, conduct and environment, etc., the lower court’s punishment is too heavy or unreasonable (Article 5-4(5) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, which are applicable to the crime of this case, and Article 329 of the Criminal Act, and the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, the appeal filed 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.