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(영문) 서울서부지방법원 2013.12.24 2013노1062
특수절도
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (six months of imprisonment) is too heavy.

B. The Prosecutor’s sentence imposed by the lower court is too minor.

2. However, the sentencing factors favorable to the Defendant are the fact that the Defendant made a confession and reflects all of the instant crimes, the fact that a part of the damaged goods was seized and returned to the victim temporarily, and the fact that there is a mother and a family member to support in Mongolia, which is the nationality of the Defendant.

However, the Defendant planned and entered the Republic of Korea to commit the instant crime from the time of entry, and subsequently, the Defendant’s use of the instant crime is an element of sentencing unfavorable to the Defendant, taking a room where the warning is not given due to the attachment of Aluminium from other Mongolias.

In full view of the above circumstances and various sentencing conditions shown in the argument of this case, the sentence imposed by the court below on the defendant is within the proper sentencing range.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and 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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