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(영문) 대구지방법원 2014.06.26 2013노4109
절도
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the amount of damage caused by the instant crime by the prosecutor is heavy and the severity of the crime is bad, the sentence imposed by the lower court (two years of suspended execution of imprisonment for eight months, community service, 80 hours) is too uneased and unfair.

B. In light of the fact that the defendant agreed with the victim E, the sentence imposed by the court below is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

The amount of damage caused by the crime of this case exceeds KRW 50 million and the victims have suffered significant damage, etc. are disadvantageous to the defendant.

However, the fact that the defendant recognized all of the crimes of this case and reflected against the defendant, and that the defendant agreed with the victim E is favorable to the defendant.

In full view of such circumstances, Defendant’s character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the conditions of sentencing as shown in the pleadings, it cannot be deemed that the sentence imposed by the court below is too weak or unreasonable.

Therefore, both prosecutor and defendant's assertion are 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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