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(영문) 서울북부지방법원 2014.08.28 2014노811
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (ten months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. In light of the circumstances favorable to the defendant, such as the fact that the defendant grown in a family environment where he was infinite, the degree of damage suffered by the victim by each of the crimes of this case is relatively minor, and the victim G expressed his intent not to be punished, etc., the defendant has already been punished by imprisonment, imprisonment with prison labor, suspension of execution of imprisonment, and fine several times for the same crime, and has been living under prison life for more than six years since the adult age, and even if he was punished with a very significant penalty on January 8, 2014, he committed the same crime during the repeated crime, and even if he was punished with a fine on January 8, 2014, he began to commit each of the crimes of this case after the lapse of one month thereafter, and other circumstances, such as the defendant's age, character and behavior, environment, occupation, family relationship, etc., it cannot be deemed that the punishment of the defendant sentenced by the court below is too heavy or unreasonable.

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

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