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(영문) 창원지방법원 2014.07.09 2014노1059
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On June 1, 2012, the Defendant was sentenced to six months of imprisonment with prison labor by larceny at the Changwon District Court on December 1, 2012 and committed the instant crime in spite of the end of the repeated crime on December 1, 2012, and the Defendant did not agree with the victim, etc., which is disadvantageous to the Defendant; on the other hand, the Defendant recognized the instant crime and against the mistake; on the other hand, the amount of damage is relatively low; the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court (the scope of recommending punishment for the larceny: between 8 and 6 months, between 1 year and 6 months, between 1 year and 6 months, taking into account the same repeated crime not falling under the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the reason for mitigation) and other various circumstances, such as the Defendant’s age, character and behavior, the circumstances after the crime, etc., and the sentencing conditions indicated in the records and pleadings, it cannot be deemed that the sentence imposed by the lower or unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the Defendant and the prosecutor are without merit.

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