logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.04.17 2020노195
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the punishment is too unreasonable and unfair, and the prosecutor asserts that the punishment is too uneasible and unreasonable.

2. We examine both the defendant and prosecutor’s assertion of unreasonable sentencing.

The fact that the defendant had been punished for the same kind of crime includes a number of criminal records, the defendant was sentenced to imprisonment for three years and six months for the same crime, and the defendant committed each of the crimes of this case again in the end of one year and six months after the execution of the sentence was completed on March 2018. The amount of each of the crimes of this case is not so significant, and some of the damaged items are returned to the victim, and the damage was partly recovered, and the defendant is in profoundly against his/her mistake. Considering these circumstances and other circumstances, the court below's punishment is appropriate, and it cannot be said that it is too weak or heavy, taking into account all the various conditions of sentencing as shown in the argument of this case, including the defendant's age, health, environment, motive and circumstance of the crime, and circumstances after the crime.

Therefore, the defendant and prosecutor's argument are 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.

arrow