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(영문) 대구지방법원 2018.09.13 2018노2620
절도미수
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below (one year and two months of imprisonment, confiscation) is too unhued and unfair.

B. The sentence imposed by the Defendant by the lower court is too unreasonable.

2. In light of the fact that the crime of this case was committed as part of the criminal act of Bosing organization, the criminal defendant should be punished for a strict punishment in light of the following: (a) the prosecutor’s judgment and the defendant’s unfair argument in sentencing together with each other; (b) the crime of this case was committed.

However, in full view of all the sentencing conditions, such as the defendant's age, sex, environment, health, circumstances leading to the crime, means and consequence, scale of the crime, and circumstances after the crime, which can be known through the records and pleadings, the sentence imposed by the court below appears to be appropriate, and the sentencing judgment by the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance of it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as the prosecutor asserts, it cannot be deemed unfair because the sentence imposed by the lower court is too uneasible or unreasonable as the Defendant asserts, and thus, the above argument by the prosecutor and the Defendant are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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