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(영문) 서울동부지방법원 2017.11.30 2017노1369
절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

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

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

2. Examining all kinds of sentencing conditions as shown in the pleadings of the instant case, such as the following: (a) the Defendant had an opportunity to reflect the crime by living in prison for about eight months; and (b) the Defendant committed a crime of the same kind in favorable circumstances, including the fact that he/she had been punished by imprisonment, etc.; (c) the Defendant’s age, sex, family environment; (d) the circumstances and consequences of the instant crime; and (e) the circumstances thereafter, it is deemed that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion are without merit

3. According to the conclusion, each appeal 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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