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(영문) 서울중앙지방법원 2020.02.07 2019노3462
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The punishment sentenced by the court below (one year and two months of imprisonment) is too unreasonable.

The punishment sentenced by the court below by the public prosecutor is too uneasible.

Judgment

Since two months have not passed since the Defendant was released from prison, the Defendant began to commit the instant crime during the repeated crime period.

There are six times of imprisonment with prison labor and two times of suspended sentence of imprisonment with prison labor due to larceny crimes.

The damage was not completely recovered.

On the other hand, the defendant seems to have recognized and opposed to the crime of this case.

The thief crime was committed against attempted crimes, and there is no significant damage to the remaining crimes.

Of the victims, C made compensation for damages and agreed to the court below, H made compensation for KRW 100,000 at the trial, and agreed that the victims do not want to be punished by the defendant.

Palsy, etc., are not good for the state of health due to the nuclear fluoru, etc.

In addition, considering all of the sentencing conditions, such as the defendant's age, character, conduct and environment, it cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

The defendant and prosecutor's assertion are without merit.

In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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