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(영문) 서울서부지방법원 2017.01.26 2016노1518

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (7 million won in penalty) on the summary of the grounds for appeal is deemed to be too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant: (b) was at night, the victims were under the influence of alcohol; (c) the Defendant committed each of the crimes of this case without being aware of the fact that the victims committed a repeated crime even during the period of a repeated crime; (d) the Defendant led the Defendant to an unfavorable condition against the Defendant; (b) the Defendant led to the confession of the crime and reflects the mistake; (c) all of the damaged items were returned to the victims; and (d) the sentence of the lower court is deemed appropriate in full view of all the conditions indicated in the arguments and records, such as the Defendant’s age, career, sex, environment, motive for the crime of this case; and (e) the motive for the crime of this case; and (e) the circumstances after the crime. Therefore, the Prosecutor’s argument of sentencing is without merit.

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