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(영문) 서울동부지방법원 2016.04.28 2015노1367
청소년보호법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant's punishment (amounting to four million won and confiscation) declared by the court below is too unreasonable, and that the prosecutor is too unfluent and unfair.

2. There are extenuating circumstances such as the fact that it is not easy for the defendant to find employment at Grade 3 of intellectual disability, the fact that the defendant is living with the disabled who the defendant receives and with the cost of basic living supply and demand received by the elderly and the elderly.

However, there are extenuating circumstances, such as the fact that the Defendant had been punished for the same kind of crime, and that the Defendant was sentenced to suspended execution once, and that the Defendant again committed the instant crime during the period of repeated crime due to the crime of Lee Jong-sung (the criminal act of larceny, larceny) and that the Defendant was prosecuted for committing the instant crime after being investigated into the high group 111, the Defendant again committed the 2015 high group 1353 high group 13 crimes.

Examining the above various circumstances in light of the conditions of sentencing prescribed in Article 51 of the Criminal Act, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is appropriate, and it does not seem unfair because it is too hot or unfluent.

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