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All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed by the prosecutor by the court below on the defendant (ten months of imprisonment) is too unhued and unfair.
B. The sentence imposed by the lower court on the Defendant is too unreasonable.
2. The Defendant habitually stolen another person’s property, and committed the crime of fraud by using a stolen credit card and a physical check card.
The defendant has already been sentenced to four times of imprisonment with prison labor due to larceny and has been sentenced to a fine several times, but he again committed the larceny in five months after the last execution of imprisonment with prison labor.
These circumstances are disadvantageous to the defendant.
However, the amount of damage caused by each of the crimes in this case is not so significant, and the damage is returned to some victims that the victim does not want to be punished by the defendant, and the fact that the defendant led to the confession and reflects against the defendant is favorable to the defendant.
In full view of the following circumstances, the Defendant’s age, sex, environment, family relationship, motive, means, and consequence of the crime, circumstances after the crime, and the scope of recommended sentences set in the sentencing guidelines set by the Supreme Court sentencing committee, etc., the lower court’s punishment is too heavy or too unreasonable.
3. According to the conclusion, each appeal filed by the defendant and the prosecutor is dismissed in entirety, and all appeals are dismissed in entirety, and since it is apparent that “not later than 15:09 on the same day” of 3rd sentence of the judgment below is a clerical error of “not later than 15:49 on the same day”, it is corrected ex officio in accordance with Article 25 of the Regulations on Criminal Procedure.