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(영문) 서울서부지방법원 2015.07.23 2015노711

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) against the summary of the grounds for appeal shall be too minor;

2. The fact that the instant crime constitutes a repeated offense, and that the Defendant has the same criminal records at multiple times is an unfavorable sentencing factor against the Defendant.

However, the fact that the defendant recognized and reflected the crime, and that all the stolen goods have been returned to the victim at the site is an element of sentencing favorable to the defendant.

In addition, considering the overall sentencing conditions stipulated by Article 51 of the Criminal Act, such as the defendant's age, character and conduct, it cannot be deemed that the sentence of the court below is too uneasible and unreasonable.

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.