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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 광주지방법원 2014.03.27 2014노243
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. When considering the various circumstances of the defendant's defendant, the punishment of the court below (two years of imprisonment) is too unreasonable.

B. In light of the nature of the instant crime committed by the prosecutor, the lower court’s punishment is too unfasible and unreasonable.

2. The judgment seems to have recognized and reflected the Defendant’s mistake, the favorable circumstances, such as the fact that the amount of damage is not relatively large, the fact that the Defendant damaged the correction device and intrudes into the place of crime, etc., the quality of the crime is not poor, the damage recovery is not caused, a number of identical crimes repeated crimes, and the Defendant committed the instant crime again at three months after the Defendant was released on February 2013, in consideration of all the sentencing conditions indicated in the instant case, including the unfavorable circumstances and the Defendant’s age, character and behavior, environment, the background and consequence of the instant crime, and the circumstances after the crime, etc., given that the sentence imposed by the lower court is deemed to be appropriate, in light of all the sentencing conditions stated in the instant case, such as punishment imposed on the Defendant.

Since it is not recognized that it is improper or unreasonable, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since all appeals filed by the defendant and the prosecutor are without merit, they are dismissed in accordance with Article 346(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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