beta
(영문) 서울중앙지방법원 2020.02.14 2019노3978

특정범죄가중처벌등에관한법률위반(절도)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

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

The punishment sentenced by the court below by the public prosecutor is too uneasible.

Judgment

The defendant seems to have accepted and reflected the crime of this case.

No damage is significant.

In agreement with the victim of the larceny, the above victim does not want the punishment of the defendant.

There are circumstances in which it is difficult for the victim to compensate for damage due to the death of the victim.

On the other hand, the crime of embezzlement was committed during the period of repeated crime.

There are six times of imprisonment with prison labor, one time of the suspension of the execution of imprisonment with prison labor, and one time of fine due to theft crimes.

Nevertheless, the theft of this case was committed again.

In addition, considering all of the sentencing conditions, such as the defendant's age, character, conduct and environment, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.