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서울남부지방법원 2014.02.13 2013노1728

절도

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (1.5 million won of fine) imposed by the court below is too unfasible and unfair.

Therefore, in light of the fact that the Defendant committed the instant crime, even though he/she was sentenced to a suspended sentence of one year of imprisonment with prison labor on April 13, 2012 due to a crime committed by Seoul Southern District Court, he/she was sentenced to a suspended sentence of two years of imprisonment with prison labor on April 13, 2012, it is reasonable to strictly punish the Defendant.

However, in full view of the fact that all damaged articles were temporarily returned to the victim, the growth environment of the defendant was very poor, as well as the health conditions of the defendant, such as currently being hospitalized as a mental divided disease, etc., rather than detention, the treatment seems to take precedence over detention. In full view of other circumstances, including the defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the circumstances alleged by the prosecutor as the grounds for appeal do not constitute unjust because it is too unreasonable to the extent that the sentence imposed by the court below should be reversed, even considering all the circumstances alleged by the prosecutor as the grounds for appeal.

Therefore, prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.