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(영문) 창원지방법원 2018.06.28 2018노262
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 2 (7 million won) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The judgment of the court below is a favorable circumstance to the defendant, such as the confession and reflect of the crime of this case, the damage amount is relatively small, and the amount of damage amount is deposited. Meanwhile, the crime of this case was committed by intrusion on the main points of the victim who had previously been employed by the defendant, and thus, the nature of the crime is not weak in light of the method of crime and risk, etc., and the defendant has been punished several times for the same crime in the past. In particular, the defendant committed the crime of this case during the period of repeated crime due to the same kind of crime, and the fact that he was not used from the damaged person is disadvantageous to the defendant. In full consideration of all the sentencing conditions specified in the arguments of this case, such as these circumstances and other factors, and all of the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex behavior, environment, criminal history, circumstance after the crime, etc., it is deemed that the punishment of the court below is reasonable, and it is deemed unfair or unreasonable because it is too

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

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