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(영문) 창원지방법원 2017.08.24 2017노1680 (1)
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment (one-year imprisonment) of the judgment of the court below against the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. The conclusion of the judgment follows: (a) the Defendant recognized and reflected his mistake; (b) the agreement with the victims; and (c) the Defendant appears to have no pecuniary gain from the instant crime; and (d) the instant larceny crime was committed with the victims’ withdrawal from the victim’s residence by intrusion upon the victim’s residence; and (b) the Defendant was committed with the victim’s attempted theft and attempted to steal the victim’s personal injury. There is a very significant disadvantage for the Defendant to commit the instant larceny.

In full view of all the above sentencing factors, considering the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other factors pertaining to the sentencing indicated in the records and arguments on the change of circumstances, the judgment of the court below’s punishment is deemed appropriate and there is no change of circumstances to be considered in the trial, and thus the Defendant and the Prosecutor’s assertion is without merit.

3. As such, the 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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