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(영문) 광주지방법원 2019.09.18 2019노1650
절도미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s attempted larceny on February 7, 2019, Defendant 1 entered the victim’s house to ask for away and obtain water, and there was no intention to larceny. The lower court’s judgment otherwise determined by misapprehending the legal principles on unreasonable sentencing (one year of imprisonment) is too unreasonable.

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

2. Determination

A. The lower court recognized the Defendant’s attempted larceny on February 7, 2019, on the grounds stated in its reasoning, for the following reasons. If the evidence of this case is examined closely in light of the records, the lower court’s above determination is just and acceptable.

Therefore, the defendant's above assertion is without merit.

B. In full view of all the sentencing conditions on the instant records and arguments, including: (a) examining the judgment on the assertion of unfair sentencing by the Defendant and the prosecutor; (b) there is no change in the sentencing conditions compared with the original judgment; (c) there are many criminal convictions for the Defendant; (d) the repeated crime resulting from the same kind of crime; and (e) the fact that the victim of the attempted larceny agree with the victim of the crime of larceny and the amount of larceny is relatively small, the lower court’s punishment is too heavy or unreasonable; and therefore, the Defendant and the prosecutor’s assertion

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and 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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