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(영문) 광주지방법원 2017.05.24 2017노1326
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the defendant committed the instant crime repeatedly even if he/she had a previous conviction for the same kind of crime, and that the damage recovery was almost not yet made up to the depth of the party, strict punishment against the defendant is required.

However, considering the fact that the defendant divided his mistake, the amount of damage is relatively small, and the defendant's age, sex and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or unreasonable. Thus, the above argument by the defendant and the prosecutor is without merit.

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

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