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(영문) 대전지방법원 2014.10.16 2014노2022
절도
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is deemed to be too unhued and unfair.

B. The sentence imposed by the lower court is excessively unreasonable.

2. The crime of this case is an unfavorable circumstance that the defendant withdraws cash from his/her customer with whom he/she is entrusted to take cash withdrawal from his/her employee, and thus, the nature of the crime is bad. The defendant has three times of punishment due to the previous crime, and the defendant has not yet been agreed with or has not yet been recovered from the victim.

However, the period of time has long since the defendant was 2001, 2004 and 2006 respectively, and the defendant's economic difficulty shows that all of the crimes were led to the crime in this case, but it appears that all of the crimes were led to confessions and reflects. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances before and after the crime, etc., the court below's sentence imposed by the defendant is too minor or unreasonable. Thus, the prosecutor and the defendant's assertion of unfair sentencing is without merit.

3. If so, the appeal by the prosecutor and the defendant 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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