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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (three months of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. The Defendant, by recognizing all of the instant crimes, appears not only to cooperate in the investigation but also to repent of his mistake.
In all of the crimes of this case, the defendant's liability for the crime of this case is too heavy when considering the fact that each of the crimes of this case was committed once, the total amount of damage, etc.
Victim F does not want to punish the defendant.
It seems that the health status of the defendant is not good.
However, on July 26, 2017, the Defendant was sentenced to the suspension of the execution of ten months of imprisonment due to the crime of larceny and the embezzlement of stolen objects by possession at the Seoul Central District Court (2017Da4187) and on August 3, 2017, and the judgment became final and conclusive on August 3, 2017, but committed each of the crimes of this case, and the liability for the crime is not somewhat weak.
The defendant has been subject to criminal punishment (one time of actual punishment, one time of suspended execution, and one time of fine) over three occasions, and all of them are criminal records of the same kind as the larceny of this case.
In addition, even if the defendant's age, career, character and conduct, environment, family relationship, social relation, motive and circumstance of the crime, method and consequence of the crime, etc. are added to all the factors of sentencing as shown in the records and arguments, there is no new circumstance to deem that the sentencing conditions of the court below against the defendant were changed at the time of the trial. It is not determined that the sentencing of the court below is too heavy or unreasonable because it exceeds the reasonable discretion.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. The appeal filed 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.