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(영문) 수원지방법원 2016.05.25 2016노1711
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one million won of imprisonment with prison labor for six months and fines) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The Defendant has several times of theft history, and the Defendant again committed each of the instant offenses during the period of repeated crime due to larceny, and thus, is not subject to the liability for the crime.

On the other hand, the defendant reflects the crime, returned the stolen vehicle to the victim D, and voluntarily surrenders to the investigation agency.

The victim I agreed with the victim I.

In addition, comprehensively taking into account the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that constitute the conditions for sentencing, the sentence of the lower court is too heavy or unbrupt and is unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition by the court below (see Article 25(1) of the Rules on Criminal Procedure, however, the evidence of the "previous conviction" as to the "2015 order 1205" case among the summary of the evidence of the court below pursuant to Article 25(1) of the Rules on Criminal Procedure, shall be transferred to the "2015 order 1205 order" case, and the "an aggravated punishment for 1. concurrent crimes" shall be added to the "an aggravated punishment for 1. concurrent crimes" column in the application of the statutes, and the "Article 38(1)3 of the Criminal Act" shall

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