(영문) 의정부지방법원 2017.12.19 2017노2699



The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is too unfasible that the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended sentence) is too unfased.

2. The Defendant, in collusion with C, stolen the victim’s 440,000 female clothes worth KRW 300,000,000 in the market price of the victim F. The Defendant: (a) committed soup on the victim I and J’s total handphone 2,000,000 won; and (b) made a small payment of the amount equivalent to KRW 200,000 with the victim I’s handphone; (c) on the ground that L was false, the victim’s blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick blick bl, and threatened the victim’s right shoulder; and (d) in light of the background and details of the crime, the period and frequency of the crime, the risk of the crime committed, and the circumstances after the crime.

On January 5, 2012, the Defendant had a record of being punished by a fine of 500,000 won due to a violation of the Punishment of Violences, etc. Act (joint assault) and was subject to juvenile protection disposition due to a special larceny.

The Defendant was unable to reach an agreement with the Victim F until the Defendant was in the trial.

On the other hand, the defendant recognized each of the crimes of this case and opposed to it.

The Defendant agreed to pay KRW 1.5 million to the victim I, and agreed to pay KRW 500,00 to the victim L, and agreed to pay KRW 2 million to the victim J. The Defendant did not display excessive points to the victim L.

There is no criminal conviction against the defendant beyond a fine.

In full view of all the above circumstances, the lower court appears to have sentenced the Defendant to the punishment, and there is no special change in the sentencing conditions after the sentence of the lower judgment.

In full view of the above circumstances favorable to the defendant and all the sentencing conditions indicated in the records and changes, such as the defendant's age, sex, environment, and circumstances after the crime, the sentence of the court below is to be imposed.