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(영문) 대구지방법원 2017.03.24 2017노317
특수절도미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. In our criminal litigation law that takes the principle of trial-oriented and direct consideration, where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the determination of sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As to each of the unfair sentencing arguments by the Defendant and the prosecutor, the following are examined: (a) the Defendant recognized the facts charged in the instant case; (b) the Defendant did not have any history of punishment in the Republic of Korea; (c) the Defendant appears not to have led to the instant crime; and (d) the number of telephone finance and theft crimes (the 's ‘scambishing’), such as the instant crime, which are favorable to the Defendant; and (d) there is no need for a prosecutor to strictly punish the Defendant, including the victim’s age and the victim’s family relation; and (d) the lower court’s argument that the Defendant did not reach an unfair agreement or unfair sentencing.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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