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(영문) 대전고등법원 2019.05.17 2019노92
절도등
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendant and the prosecutor’s allegation of unreasonable sentencing.

If there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable that the appellate court respects the sentencing of the first instance court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant found women who are vulnerable to the instant crime in late night hours and planned to commit the instant crime accordingly, and the nature of the crime is not very good.

In addition to the instant crimes, the Defendant has a total of nine criminal records, including one sex offense power (obscenity using communications media).

This is an unfavorable circumstance to the defendant.

On the other hand, there are circumstances favorable to the defendant that the defendant recognized his mistake and reflecteds, that rape and fraud crimes are committed in attempted crimes, and that the victim does not want punishment by mutual consent with the victim.

In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., the sentence of the lower court is too heavy or unreasonable.

Therefore, we cannot accept all the arguments on unfair sentencing by the defendant and prosecutor.

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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