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(영문) 대구지방법원 2015.04.16 2015노862
절도
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of imprisonment (four months of imprisonment) of the court below is too unfied, and the prosecutor is too unfied and unreasonable.

2. Not only several times the Defendant had been punished for larceny, but also the Defendant committed the instant crime during the period of repeated crime due to larceny is disadvantageous to the Defendant. The Defendant has led to the confession and rebuttal of all of the instant crimes, and the amount of damage is a small amount equivalent to KRW 60,000 and returned to the victim is favorable to the Defendant.

In full view of all the conditions of sentencing as shown in the records and arguments, including the above poor circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s punishment appears to be appropriate. Therefore, the above assertion of unfair sentencing by the Defendant and the prosecutor is without merit

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

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