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(영문) 청주지방법원 2019.01.24 2018노1411
절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The court below determined the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged in the grounds for sentencing favorable to the defendant in the trial, such as the defendant shows the attitude of the whole crime of this case, and there is no room to regard it as a living type crime, and the amount of damage is relatively small. The crime of this case is committed by the defendant who had been subject to six times criminal punishment due to the same theft crime from May 4, 2018 to May 28, 2018, where the defendant had been under six times criminal punishment due to the same larceny of the victims during the period of probation, and acquired property through the use of the physical card during eight times during the period from May 4, 2018, and there is a high risk of recidivism, and the defendant did not take any measures to recover victims' damage up to the present time, and thus, the court below's judgment of sentencing is not sufficient to consider the punishment already determined in the court below, and it is not reasonable to recognize the defendant's age, character and behavior, motive, and discretion after the crime of this case.

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

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