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(영문) 의정부지방법원 2018.04.03 2017노3241
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (7 million won) by the court below is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's respective arguments on sentencing.

The defendant has been punished several times for the same crime, in particular, the fact that the defendant committed the crime of this case during the period of suspension of execution, and the fact that the damage has not been recovered properly is disadvantageous.

However, the crime of this case appears to be a crime of a livelihood type committed by the defendant in a situation where economic condition is not good as a recipient of basic living, and the fact that the amount of damage caused by the crime of this case is a relatively small amount is favorable.

In addition, in full view of the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of its discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

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

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