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(영문) 수원지방법원 2017.07.21 2017노2967
절도
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (the crime No. 1 and No. 2 in its holding: imprisonment with prison labor for 4 months, and the crime No. 3 in its holding: imprisonment with prison labor for 6 months) is too unreasonable.

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

2. In light of the following circumstances: (a) all of the facts leading up to the confessions of crimes and reflects against the judgment; (b) in the case of crimes Nos. 1 and 2 of the judgment, the equity with the case of larceny for which the judgment became final and conclusive; (c) the degree of damage is not limited; and (d) the fact that a person appears to have committed a crime to maintain his livelihood during the old-age life; (d) there are several times of punishment for the same kind of crime; and (e) in the case of crimes No. 3 of the judgment, there are no agreement with the victims; and (e) the defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, method of the crime, circumstances after the crime, etc., the sentence of the court below is too heavy or unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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