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(영문) 창원지방법원 2017.08.10 2017노1680
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that with respect to the punishment (two years of suspended sentence in October) of the judgment of the court below on the summary of the reasons for appeal (two years of suspended sentence in prison), the prosecutor is too unfasible and unfair.

2. We examine the judgment, the fact that the defendant recognized his mistake and reflects the defendant, agreed with the victims, the degree of the defendant's participation is relatively minor, and the defendant has no record of criminal punishment in the Republic of Korea. The crime of this case is committed in relation to the victim's attempted theft or attempted theft by intrusion upon the victim's residence, and the crime of this case is very heavy, and the crime of this case needs to be punished strictly for eradicating the crimes of Bosing, etc.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment below’s punishment is deemed appropriate and the Defendant and prosecutor’s assertion are without merit.

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

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