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(영문) 광주지방법원 2018.02.21 2017노4467
특수절도
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing against Defendant A is too unreasonable.

B. The lower court’s sentencing against the Defendant B of the Prosecutor is too uncomfortable.

2. Considering that the nature of the crime of this case is not good, and that the Defendants received juvenile protective disposition several times due to the same crime, strict punishment against the Defendants is necessary.

However, considering the following factors: (a) the Defendants’ mistake is divided by the Defendants; (b) the victim does not want the Defendants’ punishment; (c) the Defendants did not have any previous conviction; and (d) the Defendants’ age, sexual conduct and environment; (b) motive, means and consequence of the crime; and (c) the conditions of sentencing specified in the instant pleadings, such as the circumstances after the crime, etc., the sentence imposed by the lower court is deemed appropriate; and (d) the sentence imposed by the Defendants is too heavy or unreasonable; and therefore, (e) the aforementioned argument by the Defendants A and the

3. As such, the appeal by Defendant A and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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