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(영문) 서울서부지방법원 2015.08.13 2015노443

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Each of the instant crimes committed by the Defendant was committed by opening a door that the Defendant did not correct the parked vehicle over 12 occasions, and cutting down cash, etc., five of which are committed jointly with Co-Defendant B, who is a co-defendant of the lower court, and the nature of the crime is very poor, and the Defendant repeatedly committed the instant crime even though he had been prior to the suspension of the execution of the same kind of crime, and that the damage is large, etc. are disadvantageous to the Defendant.

However, all of the crimes of this case are recognized by the defendant, and they are divided in depth, agreed with the victim H, M, and T, including the most damaged victim Q Q, and they were temporarily returned to some victims, there is no particular criminal power except for the above suspended sentence, and the defendant has been detained for about three months in the case, and the time against the defendant's resistance has been exceeded, and the defendant as well as his parents are leading the defendant.

In addition, considering the motive and circumstances leading to the crime, the means and consequence thereof, the degree of damage, the circumstances after the crime, the defendant's age, career, character and conduct, environment, and all of the sentencing conditions shown in the records and arguments, such as family relationship, the sentence of the court below cannot be deemed unfair because it is too uneasible.

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