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(영문) 대구지방법원 2018.02.21 2017노5622
특수절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor by the court below on the defendant (long-term eight months of imprisonment and short-term four months) is too unhued and unfair.

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

2. We also examine the judgment prosecutor and the defendant's respective arguments relating to sentencing.

In light of the method and frequency of the crime of this case, the nature of the crime of this case is not easy and considerable damage is not recovered, and the defendant again commits the crime of this case even though he had the record of being subject to a protective disposition over several times due to the same kind of crime.

However, there are more favorable circumstances such as the fact that the defendant has yet to be aged juveniles, that some victims do not want to punish the defendant, that part of the damaged articles have been returned to the victims, that the defendant was already sentenced to imprisonment for a maximum of six months, that of a short term of four months, that of a maximum of one year and two months, and that the defendant was sentenced to imprisonment for a short term of one year and two months, and that the defendant could have been tried together during the prison period of ten months.

In addition, in full view of the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and all the conditions of sentencing as shown in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is appropriate and the sentencing judgment by the lower court exceeded the reasonable bounds of its discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the prosecutor asserts that the sentence imposed by the court below is too uneasible or unreasonable, or it cannot be deemed unfair because it is too unreasonable as the defendant asserts, so the prosecutor's and the defendant's above assertion are without merit.

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

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