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(영문) 수원지방법원 2018.11.21 2018노5807
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the Defendant committed each of the instant crimes even though the Defendant had been sentenced to a suspended sentence of imprisonment due to the crime of drinking or non-licensed driving, and the Defendant again committed each of the instant crimes, and the driving of drinking is a crime that may cause serious harm to an unspecified person, and its social risk is considerably high, and the Defendant’s blood alcohol concentration at the time of the instant crime of drinking driving is 0.108% and the degree of his blood alcohol level is relatively minor is disadvantageous to the Defendant.

However, the circumstances are favorable to the defendant, such as the fact that the defendant's mistake is recognized and is against depth, that there is no record of being punished for larceny or imprisonment with prison labor, that there is an agreement with the victim of the larceny crime, that the defendant has reached an agreement with the victim of the larceny, that the driver did not cause any particular traffic accident.

In addition, considering the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc., the Defendant and the prosecutor’s assertion are without merit, since the lower court’s punishment is too heavy or is not unreasonable because it is too heavy.

3. As such, 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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