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(영문) 인천지방법원 2015.10.22 2015노2259 (1)
절도등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (six months of imprisonment) by the lower court, the prosecutor asserts that the sentence is too uneasible and unfair, and the Defendant asserts that the sentence is too unreasonable.

2. As to the grounds for appeal by the prosecutor and the defendant, the defendant is led to a confession of the defendant, the fact that the amount of damage is relatively less favorable, but the defendant not only has the record of receiving multiple juvenile protective disposition due to the same criminal conduct (special larceny, fraud, etc.), but also has the record of being sentenced to suspended sentence of imprisonment with prison labor due to the same criminal conduct (Fraud, etc.), and the fact that the damage has been recovered yet or there is no agreement with the victims is unfavorable circumstances.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is not deemed to be too weak or unreasonable.

3. In conclusion, since the prosecutor's appeal and the defendant's appeal are without merit, 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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