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(영문) 서울북부지방법원 2020.02.06 2019노1671
특수재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. We examine both the Defendant and the Prosecutor’s argument regarding the grounds for appeal.

In full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes when he was in the trial, and reflects the mistake, and the fact that the defendant has been punished several times for larceny, the fact that the defendant damaged and stolen goods without any justifiable reason, and the fact that the damage to the victim has not been recovered, and other unfavorable circumstances such as character and behavior, attitude, living environment, circumstances leading the defendant to the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., it does not seem that the sentence of the court below is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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