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(영문) 대구지방법원 2018.12.13 2018노3958
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the above punishment by taking account of favorable circumstances, such as the fact that the Defendant committed the instant crime during the period of repeated crime, the Defendant had been punished several times for the same crime, the Defendant’s failure to receive a letter from the victim, and the fact that the Defendant recognized the Defendant’s mistake and reflects it.

In full view of the fact that there is no change of circumstances in the lower court’s sentencing in addition to the unfavorable circumstances considering the lower court’s consideration, and all the conditions of sentencing as shown in the records and arguments, including the Defendant’s age, sexual conduct, environment, background leading to the commission of the crime, means and consequence, circumstances after the commission of the crime, etc., it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or maintaining them as it is is unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Each unfair assertion of sentencing by the Defendant and the prosecutor is without merit.

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

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