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(영문) 의정부지방법원 2018.11.05 2018노2598
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) alleged to the effect that the Defendant was in a mental and physical state at the time of committing each of the instant crimes on October 2, 2018 in the statement of reasons for appeal filed by the Defendant on October 2, 2018, but the Defendant withdrawn the above assertion on the first trial date at the trial of the first instance.

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

All of the crimes of this case are recognized by the defendant, and they are in profoundly against each of the crimes of this case, they agreed with some victims, and some of the damaged items were returned, and the health is not good.

On the other hand, the defendant has repeatedly committed each of the crimes of this case during a relatively short period of time. In particular, the crimes of assault and damage to each of the crimes of this case committed assault and damage to the victim's property without any special reason and thus, the nature of the crimes is not good. It has been punished for the same kind of crime [the crime of damaging property, the crime of damaging property, the violation of the Punishment of Violences, etc. Act (joint injury)], a considerable number of victims were not used, and the damage has not been recovered.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, circumstances after the commission of the crime, and all the sentencing conditions as shown in the records and pleadings, the sentence imposed by the lower court was proper and the lower court’s judgment exceeded the reasonable bounds of discretion.

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

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable, it cannot be deemed unfair as it is too low as the prosecutor claims. Therefore, the sentencing of the defendant and the prosecutor is unfair.

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