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All appeals by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The fact that the defendant and his defense counsel recognized the defendant's mistake, the victims expressed their intention that they do not want the defendant's punishment, the defendant is aged and was hospitalized in the process of being hospitalized on March 2016, after being used in a brain flasing, and the state of health is not very good due to high blood pressure, urology, etc., and the memory in the investigative agency is not memory due to brain flasing.
In light of the statement, the sentence of the court below that sentenced six months of imprisonment is too unreasonable.
B. The Prosecutor committed the instant crime even if he/she was sentenced to a fine for the same thief by around October 2015, which had been sentenced to punishment for the larceny by the Defendant from around 2008, and was sentenced to a fine for the same thief around October 2015, and the Defendant did not memory in the investigative agency.
In light of the fact that the sentence of the court below is too uncomfortable and unfortunately unfortunate, etc., the sentence of the court below is unfair.
2. The crime of this case is deemed to have been stolen by putting grandchildren in the boon which the victim cited in the market. The defendant was sentenced to imprisonment for three years at the Seoul Central District Court on April 11, 2008 due to the violation of the Act on Special Cases concerning the Aggravated Punishment, etc. of Specific Crimes (thief) at the Seoul Central District Court on April 11, 2008, and there are many records of having been sentenced to criminal punishment for the same crime, and even after receiving a fine of KRW 1,00,000 as larceny from the Suwon Flag support on November 11, 2015, the defendant committed each of the crimes of this case. Meanwhile, the defendant was found to have been erroneous, while recognizing the defendant's mistake, and expressed his intention that the victims do not want to be punished by the defendant due to old age and brain color, etc., the victim's motive and background of each of the crimes of this case, the records and circumstances before and after the crime of this case, and other character and behavior of the defendant.