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(영문) 광주지방법원 2018.10.31 2018노2560
절도등
Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the crime of this case is not good, that the defendant committed the crime of this case again during the suspension period of the execution of the same kind of crime even though he had multiple previous convictions, and that there are many frequency of crimes and the amount of damage are not sufficient, strict punishment against the defendant is required.

However, considering the circumstances of sentencing specified in the argument of this case, such as the fact that the defendant is divided into his mistake, that the defendant agreed with the victims or returned damaged articles, that the mental health of the defendant seems not good, that there is no criminal record of the defendant, the balance of sentencing with the same kind of crime, the defendant's age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the sentence imposed by the court below is judged appropriate, and is too heavy or unreasonable. Thus, the above arguments by the defendant and the prosecutor are 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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