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(영문) 춘천지방법원 2013.05.01 2013노154
절도미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (four months of imprisonment) is too unhued and unfair.

B. The sentence of the lower court is too unreasonable.

2. In light of the following: (a) the Defendant could have been punished for the same kind of crime; (b) the Defendant again committed the instant crime without being among the persons during the period of repeated crime for the same kind of crime; and (c) the instant crime was committed against the victim who was on the way, with the intent of crypting the term; and (d) the nature of the crime and the criminal intent are very bad in light of the content thereof, it is inevitable to punish the Defendant significantly.

However, in light of the above defendant's age, character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is not too somewhat weak or unreasonable, and each of the above arguments by the prosecutor and the defendant is without merit, since it is difficult to see that the damage caused by the crime of this case is relatively serious, the defendant's mistake is divided in depth, and the defendant has received a letter and reached an agreement.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit. It is

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