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(영문) 전주지방법원 2020.04.29 2020노82
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (two years of imprisonment) is too unreasonable.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.

2. The lower court determined the sentence by fully taking account of all the circumstances that the Defendant and the Prosecutor asserted as the grounds for appeal.

It is not good that the defendant committed the crime of this case again during the period of repeated crime, which is 4 months or less, with majority of the previous crimes and completed the execution of punishment due to the same kind of crime.

However, the defendants recognize all of their crimes and do not have much amount of damage.

In addition, even if the court below's punishment is too heavy or unreasonable, it does not seem that the defendant's age, character and conduct, environment, circumstances after the crime, and circumstances after the crime are re-examineed.

Therefore, the defendant and the prosecutor's argument are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition

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