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(영문) 의정부지방법원 2013.06.13 2013노232
절도등
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one month of imprisonment and a fine of 150,000 won) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the Prosecutor (Defendant A: imprisonment with prison labor for 4 months and a fine of 150,000 won, Defendant B: imprisonment with prison labor for 3 months) is too uneased and unreasonable.

2. That there are many kinds of criminal records against the Defendants, Defendant A committed a theft of the inside of his business establishment and thereby causing damage to the victim in personal trust relationship, and the nature of the crime is not good. The Defendants seem to have been scarcityd with the victim repeatedly and repeatedly, and the awareness of the crime seems to have been imminent. In the case of Defendant B, the degree of participation in the crime of this case is minor, and each thief is deemed to have been restored to the victims.

In light of the above, considering all favorable circumstances in favor of the Defendants, such as the fact that the Defendants are against their mistakes, etc., taking into account the circumstances leading to the crimes, the age, character and conduct of the Defendants, the method of criminal conduct, and the circumstances after the crimes, etc., the sentencing against the Defendants is deemed to be too heavy or unreasonable, and thus, the Defendant A and the Prosecutor’s assertion in relation thereto are without merit.

3. If so, each appeal against the Defendants A and the Prosecutor is without merit. Thus, all appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, it is corrected to delete "Article 55(1)3 and 6" from among the column for the application of the statutes of the original judgment.

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