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(영문) 수원지방법원 2015.08.28 2015노3539
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months) asserts that the Defendant is so unreasonable that the sentence imposed by the court below is too uneasible, and the prosecutor asserts that the sentence imposed by the court below is too uneasible and unfair.

2. We also examine each of the allegation of unfair sentencing by the Defendant and the prosecutor.

The lower court, under favorable circumstances, determined the above punishment by taking account of the fact that the Defendant was punished for the same kind of crime, that the Defendant committed the instant crime during the same repeated crime period, repeated crimes of the same veterinary act, and that the injury has not been recovered, given that there are many records that the Defendant was punished for the same crime, and that there was a intellectual disability (class 3).

In light of the records, a thorough examination of the above criteria for sentencing determination by the court below is conducted, and comprehensively considering the following factors: (a) the Defendant’s age, character, criminal record, criminal record, method of commission of crime, degree of damage, and circumstances after the sentence of the court below; and (b) there are no special grounds for change in sentencing after the sentence of the court below, it cannot be deemed that the sentence imposed by the court below is

Therefore, each of the defendant and prosecutor's arguments on unreasonable sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

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