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(영문) 수원지방법원 2017.12.27 2017노7309

야간건조물침입절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of imprisonment, confiscation) is too unhued and unreasonable.

2. The judgment of this case is that the defendant invadedd on a structure at night over a short period of time and attempted to steals or steals property, stolen or attempted to steals other property, and acquired alcohol, etc. by using a stolen credit card, and such crime is not less complicated in light of the content and result of the crime, the method of the crime, and the amount of damage (120 million won).

In addition, one defendant has been sentenced to two identical probations.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake and agreed with some of the victims.

Considering the above circumstances unfavorable or favorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too uneasible and it does not seem unfair. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.