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(영문) 수원지방법원 2016.02.17 2016노158
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a two-year and six-month imprisonment) by the court below (a two-year and six-month imprisonment) is too heavy or unreasonable.

2. We examine both the defendant and prosecutor’s each of the unfair sentencing arguments.

The crime of this case is a so-called " Bosing," which actually causes damage to an unspecified number of victims, which is difficult to recover in a planned and systematic manner, and its nature is not very good. In particular, the crime of this case is committed after allowing the victims to withdraw cash, and thus theft is considerably interviewed and dangerous, and the defendant voluntarily does not take any measures to recover the victims' damage, and in light of all other circumstances that are the sentencing conditions in the records, such as the defendant's age, sexual behavior, environment, details and contents of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is deemed appropriate, and it is not deemed unfair because it is too heavy or too low.

Therefore, the above argument by the defendant and the prosecutor 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.

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