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(영문) 수원지방법원 2018.09.14 2018노4246
절도
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) The Prosecutor’s sentence (six months of imprisonment) is too unhued and unreasonable.

2) The lower court’s punishment is too unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions of sentencing in this court, in particular, the fact that the defendant agreed with the victim D and this court in this court, his mistake is divided, while the defendant was released after being sentenced to a suspended sentence during the continuous trial due to the previous convictions in the judgment of the court below, the defendant committed the crime of this case at the same time, the defendant was punished as a crime of the same kind of property, and the fact that the defendant was punished as a crime of the same kind of property at several times, and the sentence of the court below,

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is too weak or unreasonable because it is too poor, even in light of the circumstances after the instant crime, the Defendant’s age, sex, family relationship, etc.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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