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(영문) 수원지방법원 2016.12.15 2016노7148
절도등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s arguments.

The fact that the defendant fully acknowledges the crime of this case, and that the total amount of damage caused by the crime of this case is about KRW 100,000,00, and the damage is minor is favorable to the defendant.

On the other hand, the crime of this case was committed by the defendant, who stolen the card locks within the victim D's cargo, and purchased goods with the credit card of the victim located within the wall, and the nature of the crime is not good, and the victims have not yet been properly recovered from the damage. On November 14, 2014, the defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution, and was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution, again during the suspended execution period, and was sentenced to 8 months of imprisonment with prison labor on March 18, 2015, and the crime of this case was committed again during the suspended execution period, and even after having been released from the imprisonment with prison labor, the crime of this case was committed again more than 4 days and more than 4 days of imprisonment with prison labor.

Considering such overall circumstances and the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s sentencing cannot be deemed to be too weak or unreasonable.

3. In conclusion, since each appeal filed by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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