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(영문) 수원지방법원 2018.03.21 2018노242
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment is a favorable condition for the following reasons: (a) the Defendant’s mistake is divided and reflected in his or her mistake; (b) the Defendant’s failure to repeat a crime; and (c) the vehicle is returned to the victim.

However, in light of the Criminal Procedure Act, the crime of this case is not good, the defendant did not obtain a driver's license, and repeated crimes of this case were committed several times due to driving without a license, theft, etc., despite the past record of juvenile protective disposition and criminal punishment, the victim F is not recovered until now, and there is no change in circumstances or circumstances that are favorable to the defendant in the court below, and there is no special circumstance or circumstance that may be considered newly after the sentence of the court below, and in full view of all the sentencing conditions of this case, including the defendant's age, sex, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the court below's punishment is too heavy or it is deemed unfair since the defendant and the prosecutor's aforementioned argument of the crime of this case is without merit.

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

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