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(영문) 의정부지방법원 2016.04.08 2015노2496
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (two million won in penalty) declared by the court below is too excessive and unfair, while the prosecutor asserts that the sentence of the court below is too unfluent and unfair.

2. We examine the reasoning of appeal. The circumstances favorable to the defendant as shown in the arguments and records of this case (the defendant reflects his mistake while recognizing all the criminal facts of this case, the amount of damage to each of the crimes of this case is not significant, and the case of larceny, etc. for which the judgment of the court below becomes final and conclusive, should be considered at the same time) and unfavorable circumstances (each of the crimes of this case is not less than the nature of crime in light of its contents, methods, frequency, etc., the agreement with the victim or complete damage recovery is not achieved, and the defendant has been punished several times due to the same kind of crime, etc.). The court below appears to have been sentenced to a fine in full consideration of the various circumstances of the defendant, and there is no special change in circumstances that can change the punishment of the court below. The balance of general punishment in the same and similar cases, the age, character, intelligence and environment of the defendant, motive and consequence of the crime of this case, the motive and consequence of the crime of this case, the relationship between the victim and the victim, the circumstances of this case, and the circumstances of this case are not recognized.

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.

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