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(영문) 서울동부지방법원 2019.10.10 2019노1085
특정범죄가중처벌등에관한법률위반(절도)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair punishment) asserts that the Defendant is too unafford by the lower court’s punishment (one year of imprisonment), and that the prosecutor’s punishment is too unafford and unreasonable.

2. Comprehensively taking account of the arguments and records of the instant case, the lower court’s sentencing appears to have been determined by fully considering the various grounds for sentencing asserted by the Defendant and the Prosecutor, including the form of the instant crime, degree of damage, the Defendant’s failure to obtain a letter from the victims, the Defendant’s criminal records, and the Defendant’s health status, including mental illness, and there is no special circumstance to change the sentencing ex post facto. Accordingly, the Defendant and the Prosecutor’s assertion of unfair

3. In conclusion, the appeal 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.

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