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(영문) 춘천지방법원 2013.08.28 2013노440
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of imprisonment (ten months of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. In light of the following: (a) the Defendant was punished for the same kind of crime more than ten times; (b) the Defendant committed the instant crime on several occasions, including the theft of another’s property and the use of a stolen debit card; (c) the nature of the crime and the circumstances of the crime are bad; (d) the Defendant did not take any practical measures to recover from damage up to the trial; and (e) the Defendant did not reach an agreement with the victims, it is inevitable to sentence the Defendant to the punishment.

However, in light of the above defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is recognized as appropriate, and each of the above arguments by the prosecutor and the defendant is without merit, since it is recognized that the sentence of the court below is appropriate.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

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