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(영문) 수원지방법원 2019.10.18 2019노3998
특수절도등
Text

All of the appeals by the prosecutor against the defendant C and the defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

B. The Prosecutor (the Defendant C)’s sentence (10 months of imprisonment, three years of suspended execution, and confiscation) sentenced by the lower court against the said Defendant is too uneasible and unreasonable.

2. Determination

A. The lower court sentenced Defendant B to one year of imprisonment in consideration of the Defendant’s unfavorable circumstances and favorable circumstances.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the lower court’s determination as it is, in full view of the matters that are the conditions for sentencing in the trial, and in particular, the degree of participation of the said Defendant is not somewhat weak, and the applicable sentences, etc.

In addition, considering the circumstances and results of the crime of this case, the sentence of the court below is proper, and it is not recognized that the sentence is too unreasonable, even if it is considered that the circumstances after the crime of this case, the age, character and behavior, environment, etc.

Therefore, the above defendant's assertion is without merit.

B. The lower court, on the prosecutor’s assertion, sentenced Defendant C to a suspended sentence of three years and forfeiture for ten months, taking into account the unfavorable circumstances and favorable circumstances.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing.

In addition, even if the circumstances and results of the instant crime were to be taken into account after the crime, the age, character and conduct, family relationship, etc. of the above accused, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. Conclusion, Defendant B’s appeal and prosecutor’s appeal against Defendant C are without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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