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(영문) 서울북부지방법원 2016.12.15 2016노1995
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (a prison term of eight months, confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. Under the judgment on the grounds of appeal, the Defendant and the prosecutor’s assertion of unreasonable sentencing also are examined.

Considering the motive and background leading up to the instant crime, the circumstances before and after the instant crime, the Defendant’s age, character and conduct, occupation, and family relation, such as the fact that the Defendant recognized the instant crime, the partial damage was seized and returned to the Defendant, the fact that there was no record of punishment for the same kind of crime, and the Defendant committed repeatedly at the same time in a short period. In light of the circumstances that are favorable to the Defendant, the Defendant and the prosecutor’s allegation of unfair sentencing is without merit, since the sentence imposed by the lower court is too heavy or unreasonable, on the grounds that each of the Defendant and the prosecutor’s grounds for unfair sentencing are without merit.

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

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