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(영문) 제주지방법원 2021.03.25 2021노31
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the reasons for appeal is that the sentence of the court below (five months of imprisonment) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The defendant's mistake is recognized, and the value of stolen goods is small, and the degree of intrusion is minor is a favorable condition.

On the other hand, the defendant can be punished for the same thief crime, including punishment, and the crime of this case is a crime committed during the period of repeated crime, such as the first head written in the judgment of the court below, and the crime of this case is a crime committed during the period of repeated crime, and the defendant did not make any effort to recover damage to this court. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, sexual conduct, environment, etc., the court below's punishment is too heavy or it is not deemed unfair, and therefore the defendant and the prosecutor's assertion are without merit.

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

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