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(영문) 수원지방법원 2016.12.21 2016노7595
절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

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

2. However, the Defendant recognized and reflected the instant crime.

The defendant has no criminal record other than being sentenced to the punishment of eight months of imprisonment with prison labor for larceny in 1983 or the punishment of two years of suspended execution.

Some of the damaged articles were temporarily returned to the victims.

These points are favorable to the defendant.

On the other hand, the defendant has committed repeatedly such crimes as theft of another person's property or embezzlement of one's own property over a short period of time, and it is not good that such crimes are committed.

There are victims who have yet failed to recover damage, and some victims may demand money in return for the return of damaged goods, etc., and there is no good condition after the crime is committed.

Considering the above circumstances in light of the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and the circumstances after committing the crime, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the Defendant and the prosecutor’s assertion of unfair sentencing is too heavy or unreasonable. Thus, all of the grounds of unfair sentencing are without merit.

3. According to the conclusion, the appeal by the defendant and the prosecutor 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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