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(영문) 수원지방법원 2019.04.26 2019노966
절도등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

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

2. The lower court sentenced the Defendant to one year and six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance in which the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion in full view of the matters that are the conditions of sentencing, the applicable sentences, and the sentencing criteria, or it is recognized that maintaining the sentencing of the lower court is unreasonable.

In addition, considering the circumstances and results of the instant crime, Defendant’s age, character and behavior, environment, etc. after the instant crime, the sentence of the lower court is appropriate, and it is not deemed that it is too heavy or unreasonable.

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

3. The appeal by the prosecutor and the defendant is without merit and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

However, in accordance with Article 25(1) of the Rules on Criminal Procedure, Article 48(1) of the Criminal Act shall be corrected to “Article 48(1)1 of the Criminal Act” in the application of the judgment of the court below.

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