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(영문) 수원지방법원 2018.06.29 2018노2555
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the defendant asserts that the punishment of the court below (a crime listed in No. 1 of the list of crimes attached to the judgment of the court below: Imprisonment with prison labor for one month, and crimes listed in No. 2 or No. 9 of the list of crimes attached to the judgment of the court below: Imprisonment with prison labor for eight months) is too unreasonable, and the prosecutor asserts that it is too uneasible and unfair.

2. The circumstances favorable to the defendant are as follows: (a) the defendant's mistake and reflects the defendant; (b) each of the crimes of this case appears to be close to the crime of living; and (c) the victims I and the J do not want to punish the defendant or are taking the action.

Meanwhile, there is a record that the defendant was punished for the same crime, including punishment and suspended execution, and in particular, in the case of the crime committed again 2 to 9 attached Table 2 of the crime committed in the attached Table 1 of the court below, it was committed repeatedly during the period of repeated crime due to the same crime, and the fact that the other victims agree with or failed to recover damage is disadvantageous to

Considering the above circumstances and the Defendant’s age, sexual conduct, health, environment, motive for committing a crime, and circumstances after committing a crime, comprehensively taking into account the following circumstances, and considering the fact that there is no change in circumstances that may be assessed differently from the sentencing conditions of the lower court, it is difficult to deem that the lower court’s punishment is too heavy or unreasonable.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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