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(영문) 광주지방법원 2018.04.24 2017노4417
절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 4 million) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. It is a favorable circumstance for the following reasons: (a) a person who is subject to the protection of life for persons with hearing disabilities, who was unable to suffer from salvous pain while living without his family and occupation; (b) a person was discovered immediately after the commission of the crime; (c) the victim was returned to the victim; and (d) the victim also stated in the police that the defendant was well-known.

There are many criminal records for the defendant, and this case is also disadvantageous to the defendant during the same repeated crime period.

There are no special circumstances or changes in circumstances that can be newly considered in the trial of the party, and comprehensively taking account of the records and arguments of this case, such as the defendant's age, sexual conduct, family relationship, circumstances after the crime, and the circumstances after the crime, the lower court's punishment is too heavy or unreasonable.

Defendant

We do not accept the prosecutor's assertion.

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

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