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(영문) 서울동부지방법원 2017.02.10 2016노2031
절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of the court below (one year and six months and confiscation) which sentenced the defendant is too unreasonable in light of the fact that the defendant is aware of all the crimes and is against the mistake, and the reason for appeal by the prosecutor is that the defendant is a repeated crime, the defendant is a repeated crime, and a considerable number of victims have not been recovered, the above punishment of the court below is too unreasonable.

In light of the above circumstances alleged by the Defendant and the Prosecutor, the lower court appears to have determined the type and amount of punishment in full, and there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the judgment of the lower court was rendered.

In full view of all other circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, and method and frequency of crimes, the sentence of the lower court cannot be deemed to be appropriate, too heavy or unreasonable.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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