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(영문) 광주지방법원 2017.09.21 2017노2871
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal appealed from the lower court’s punishment (in 10 months of imprisonment) so far as it is unreasonable, and the prosecutor appealed from the lower court’s punishment so far as it is too unfasible and unfair.

2. The fact that the victim’s damage is relatively little is favorable to the Defendant.

On the other hand, even though the defendant had been punished four times for the same crime, and was a repeated crime of the same kind, the crime of this case was committed in the crime of this case, and the fact that the crime of this case was invaded larceny and the method of the crime was poor is disadvantageous to the defendant.

In addition, the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances revealed in the instant pleadings are not deemed to be too heavy or unreasonable since the lower court’s punishment is too heavy, and thus, the Defendant and the Prosecutor’s assertion are rejected.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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