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(영문) 광주지방법원 2016.10.26 2016노2985
절도미수
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 (eight months of imprisonment) is too unreasonable.

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

2. Each of the instant crimes committed by the Defendant, which committed a theft of property in a motor vehicle parked on the street on the new wall, is not good, and the Defendant has been punished for the same kind of crime in the past. In particular, the Defendant committed each of the instant crimes without being sentenced to a suspended sentence of 8 months on January 14, 2016, even though he was sentenced to a suspended sentence of 2 years on the grounds of special larceny, etc. on January 14, 2016, and the Defendant did not receive a letter from the victims up to the trial.

On the other hand, the fact that the defendant properly recognizes and reflects his mistake, and that all of the crimes of this case were committed in attempted crimes, and the actual damage did not occur.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In 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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