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(영문) 인천지방법원 2015.10.08 2015노2989

특수절도등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the reasons for appeal (two years of imprisonment) by the court below, the prosecutor asserts that the prosecutor is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

In full view of the following circumstances: (a) the Defendant was punished several times due to the same crime; (b) the Defendant committed the instant crime during the period of the same repeated crime; (c) the Defendant led to confession and reflects in depth; (d) certain damaged items were returned; and (e) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (e) the circumstances that conditions for sentencing, such as the circumstances after the commission of the crime, do not seem unreasonable or unreasonable.

3. If so, the appeal by the prosecutor and the defendant 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.