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(영문) 광주지방법원 2017.09.20 2017노2697
특수절도
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable.

2. Considering the fact that the nature of the instant crime is not significantly good, and that the amount of the instant crime is considerable, but the damage is not completely recovered, strict punishment against the Defendants is required.

However, considering the fact that the Defendants’ mistake is divided, the victim does not want the punishment of the Defendants, and the conditions of sentencing specified in the instant pleadings, such as the age, sex and environment of the Defendants, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is deemed appropriate, and it does not seem unfair because it is too hot or unbold. Therefore, the Defendants and the prosecutor’s argument are without merit.

3. As such, the appeal by the Defendants and the public prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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