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(영문) 수원지방법원 2018.06.27 2018노2133
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the exemption of each punishment and the imprisonment of 8 months for the remaining crimes against the crimes in paragraphs (a) and (2) of this judgment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is pending in the trial due to a separate and special larceny, and even after the suspended sentence of imprisonment became final and conclusive, the Defendant repeated each of the crimes of this case, the access media that the Defendant transferred was used for the crime of fraud, and the Defendant had the record of receiving juvenile protective disposition several times due to the same crime.

However, in light of the following facts: (a) the Defendant is divided into and against his mistake; (b) the Defendant agreed with all thief victims; (c) the special larceny in which the judgment became final and conclusive; and (d) the relationship between two concurrent crimes after Article 37 of the Criminal Act and the latter; (b) there is a family member to support the Defendant at the same time; (c) there is no special circumstance or circumstance that may be considered for sentencing; (d) there is no change in the circumstances that may be considered for sentencing; and (e) there is no other special circumstance or circumstance that is newly established after the pronouncement of the judgment of the court below; and (e) all the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, circumstance and consequence of the instant crime; and (e) there is no reason to believe that the sentence of the court below is too heavy or unfair after the crime is committed. Therefore, the aforementioned assertion by the Defendant and the prosecutor

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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