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(영문) 전주지방법원 2020.04.07 2019노1724
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is that the penalty (two million won of a fine) declared by the court below is too heavy or is too unhued (the defendant).

2. In light of the following: (a) the Defendant and the prosecutor’s assertion of unreasonable sentencing along with the assertion of unfair sentencing; (b) the quality of the crime was inferior; (c) the damage from the theft of this case was not recovered; (d) the Defendant has been punished several times due to the same kind of larceny and the violation of the Road Traffic Act (unlicensed Driving); and (c) the Defendant committed the instant crime at the Jeonju District Court on December 2, 2016, when he was sentenced for eight months of imprisonment due to the same crime of violation of the Road Traffic Act (unlicensed Driving); (d) the Defendant’s confession and reflects all of the instant crimes; (e) the Defendant was committed; (c) the victim F did not want the Defendant’s punishment; (d) the Defendant did not want any damage from the instant larceny; (e) the Defendant’s health was extremely poor as it was economically difficult to recover; and (e) the Defendant did not have any special circumstances or changes in circumstances that could have been newly considered in the sentencing after the pronouncement of the lower judgment; and (e) the motive and circumstances of the Defendant’s excessive sentencing.

3. Conclusion, the appeal filed by the Defendant and the prosecutor is without merit, 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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