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(영문) 수원지방법원 2018.08.29 2018노3683
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

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

2. The circumstances are favorable for the following: (a) the Defendant recognized his/her mistake and reflects on his/her misconduct; (b) the Defendant’s failure to repeat the crime; (c) the need to treat the bipolartic disorder; (d) the victim L and AB does not want to be punished against the Defendant; and (e) the vehicle that is a stolen object is returned to the victim.

However, in light of the law and frequency of the crime of the defendant, the degree of damage, the fact that the nature of the crime is not good, the act of obstructing the performance of official duties of police officers in uniform requires strict punishment to enhance the national public authority, and the defendant has been punished several times due to the same crime (e.g., fraud, drinking, violation of road traffic law, theft, etc.) and repeated the crime of this case even during the period of repeated offense resulting therefrom, which has not been agreed with the remaining victims until now, and the circumstances favorable to the defendant are considered in the original judgment. Considering all the sentencing conditions of this case, such as the defendant's age, sexual behavior, environment, the background and result of the crime of this case, and the circumstances after the decision of the lower court, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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