logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.08.20 2018노361
절도
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s punishment (an amount of KRW 3,00,000) by the lower court is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The fact that the defendant recognized the crime of this case and is in depth against the victim, the fact that the victim agreed smoothly with the victim, the amount of damage is minor, and the damage has been restored to the victim immediately after the crime of this case, and the damage has been restored.

On the other hand, there are many kinds of records that the defendant was punished for the same crime, and the defendant committed the crime of this case during the period of repeated crime due to the same crime.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, circumstances after the commission of the crime, and all the sentencing conditions as shown in the records and pleadings, the sentence imposed by the lower court was proper and the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, as the defendant asserts that the sentence imposed by the court below is too unreasonable or unreasonable, as the prosecutor asserts, it cannot be deemed unfair because it is too unfasible as the defendant asserts, so this part of the defendant and the prosecutor's assertion is without merit.

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

arrow