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(영문) 광주지방법원 2019.08.08 2019노26
절도
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (the fine of KRW 5,00,000) is too unhued and unreasonable.

B. The lower court’s sentence is too unreasonable.

2. Considering the fact that the defendant committed the instant crime even if he/she had been tried for the same kind of offense, strict punishment against the defendant is required.

However, taking into account the following circumstances: (a) the Defendant’s mistake is divided; (b) the stolen goods have been returned to the victim; (c) balance in sentencing with the same offense; and (d) the Defendant’s age, character and conduct and environment; (b) motive, means and consequence of the offense; and (c) the conditions of sentencing as shown in the argument of the instant case, such as the circumstances after the offense, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the sentence imposed by the Defendant is too heavy

3. If so, the appeal by the prosecutor and the defendant 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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