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(영문) 수원지방법원 2016.02.03 2015노7109
상습절도등
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 (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, where the defendant habitually stolens the victims' property and drives a stolen vehicle without a driver's license in light of the background, frequency, method, and contents of the crime, and the quality of the crime is not good. The defendant has a record of having received juvenile protective disposition several times due to the same type of theft and driving without a driver's license, and in particular, even though he had a record of having been punished for a suspended sentence of imprisonment due to the crime of larceny and the violation of Road Traffic Act (unlicensed driving) on September 2013, he/she repeats the crime of this case.

The circumstances are favorable to the defendant, such as the fact that the defendant is waiting to commit a crime and reflects on the fact that the keys of the Mast vehicle and the key of the above vehicle are returned to the victim H, thereby recovering property damage, and that the defendant has a disability of class 3 of intellectual disability.

In full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence of the lower court is deemed to be appropriate, and is too heavy, or is deemed to be unfair because it is too unreasonable, and thus, the assertion by the Defendant and the Prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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