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(영문) 수원지방법원 2015.04.16 2014노4726
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (fine 2,000,000) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the Defendant and the prosecutor’s assertion of unfair sentencing together with the allegation of unfair sentencing, the Defendant’s disadvantage against the Defendant that there was a criminal power, such as multiple times of punishment due to the same crime; (b) the Defendant’s final criminal power was ten years prior to the instant crime; (c) the amount of damage was a small amount; and (d) the victim sought the Defendant’s wife against the Defendant; and (d) the Defendant’s current age was currently growing; and (e) other conditions of sentencing as shown in the instant argument, including the circumstances favorable to the Defendant, such as the Defendant’s character and behavior, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant

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.

[However, in the application of the law of the court below, "Article 70 of the Criminal Act" is clear that it is a clerical error in Article 70 (1) of the Criminal Act, and correction ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure."

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