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(영문) 광주지방법원 2017.01.19 2016노2891
절도등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The gist of the grounds for appeal (1) The Prosecutor’s sentence (1 year and 6 months of imprisonment) is too unhued and unreasonable.

(2) The lower court’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

Even though the defendant had a record of criminal punishment over five times, including one suspended sentence for the same crime, he/she again committed each of the crimes in this case.

The number of crimes in this case reaches 12 times, and the total amount of damage is about 10 million won.

Even if so, there was no effort to recover the damage by the defendant, except for the goods seized by the investigation agency and returned to the victim.

There was no agreement with the victims.

Until the time of trial of the court of first instance, the defendant had denied the crime to the effect that he did not memory in the breath of alcohol at the time with regard to some of the crimes.

On the other hand, the fact that the defendant has committed a crime in the first instance, and that he reflects it is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is not deemed to be too minor or unreasonable, and thus, the prosecutor and the Defendant’s assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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