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(영문) 서울서부지방법원 2019.07.18 2019노305

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment, two years of suspended execution, one hundred and twenty hours of community service order, and confiscation) is too uneased and unreasonable.

2. Although it is a planned crime to be determined, the nature of the stolen object is inferior when considering the frequency of the crime, the period of the crime, the method of the crime, etc., but in full view of the fact that the value of the stolen object is not so significant and that all victims have agreed to the original judgment and the trial, the first offender cannot be deemed to have exceeded the reasonable scope of discretion because the sentence of the lower court is too uneasible.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.