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(영문) 서울남부지방법원 2018.11.09 2018노1955
특수절도등
Text

The judgment below

Of the defendants A, the part of the defendant is reversed.

Defendant

A shall be punished by imprisonment for six months.

The judgment below

Defendant B. Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by Defendant A (the imprisonment of eight months and the cost of lawsuit) is too unreasonable.

B. The Prosecutor (with respect to Defendant B)’s sentence (exemption from punishment) declared by the lower court is too unfluent and unreasonable.

2. Determination

A. As to the Defendant’s assertion, the following facts are favorable to the Defendant: (a) the Defendant repeatedly commits the same kind of crime; (b) the attitude of the Defendant after the commission of the crime is not good (e.g., revocation of suspension of execution); (c) the Defendant’s mistake is unfavorable to the Defendant; (d) the Defendant’s mistake is contrary to the recognition of the Defendant; (e.g., the Defendant’s age is not large; (e) the Defendant’s age is still 20 years; (e) certain special larceny crimes are committed; and (e) the Defendant’s special larceny (a) the judgment of the lower court that became final and conclusive shall take into account equity with the case where the Defendant was tried together with the special

In full view of the defendant's age, sexual conduct, means and consequence of committing a crime, equality of punishment against B and D, and all other sentencing conditions as shown in the records and arguments in this case, the sentence imposed by the court below is deemed to be unfair because the sentence imposed by the defendant is too unreasonable. Thus, the defendant's argument is reasonable.

B. Even when considering the circumstances alleged by the prosecutor as to the prosecutor’s assertion on the grounds of appeal (as to Defendant B), the instant crime is limited to one attempted crime and one single attempted crime (damage amount to KRW 770,00), and is against the crime, and the current status of personality as a juvenile under the age of 18 is not completely formed, and the current status of personality is not completely formed as a juvenile under the age of 18,000, such as equity with the case where a judgment is rendered simultaneously with a special larceny, etc., and equity with the case where a judgment is rendered at the same time, and equity with the sentence imposed against D, and all the sentencing conditions as shown in the instant records and arguments, the sentence imposed by the court below is deemed appropriate, and it is deemed unfair as it is too unreasonable

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