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(영문) 광주지방법원 2015.12.15 2015노2681
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

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

2. In full view of all the favorable factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions for the sentencing specified in the instant records and arguments, the lower court’s sentence is too heavy or unreasonable, in light of the following factors: (a) the Defendant was sentenced to imprisonment for four months and six months; and (b) the Defendant committed the crime of this case during the period of repeated crime following the completion of the execution of the sentence; (c) the total amount of the stolen money is not less than 15,050 won; (d) the stolen money was seized to an investigative agency; and (e) the victim C and E were temporarily returned to the victim; and (e) the victim C and E were not subject to punishment for the victim; and (e) the victim’s age, character and conduct, environment, motive and consequence of the crime; and (e) the circumstances after the crime.

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

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