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(영문) 수원지방법원 2017.06.12 2017노2204
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. In light of the fact that the Defendant was subject to criminal punishment on several occasions for the same crime, and that there is a high possibility of criticism by committing each of the crimes of this case during the period of repeated crime resulting from the same crime, and that damage from each of the crimes of this case has not been recovered, it is necessary to punish the Defendant with strict punishment.

However, in light of the fact that all of the crimes of this case are recognized by the defendant, damage caused by each of the larcenys of this case is relatively minor, and the defendant appears to be a crime committed by the defendant to maintain his livelihood, and all of the conditions of sentencing specified in the records and arguments of this case, such as the defendant's age, sex, environment, circumstances of each of the crimes of this case, and circumstances before and after the crime, etc., the punishment imposed by the court below against the defendant is too heavy or unfeasible because it is within the proper sentencing discretion, and thus, the above argument by the defendant and the prosecutor is without merit.

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

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