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(영문) 수원지방법원 2015.07.24 2015노1420

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. Determination is an unfavorable circumstance, such as the Defendant’s theft of another’s property through several times, the amount of the theft reaches approximately KRW 12 million, and the victims’ failure to agree with each other.

However, considering various conditions of sentencing, such as the Defendant’s age, character and conduct, environment, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence imposed by the court below is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.