beta
(영문) 서울서부지방법원 2014.09.18 2014노346

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of a fine of KRW 500,000,00,000,00,00,00.

2. The defendant should be punished for an act corresponding to the act in light of the fact that the defendant was punished for the same kind of crime, and that there was no agreement or no recovery from damage until the judgment was made.

However, the amount of damage caused by the theft of this case is written, and the degree of defamation and insult is not serious, and there are circumstances that may be considered in the course of committing the act. Each of the crimes of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act and has not been tried together with other crimes that have become final and conclusive, and considering all the sentencing conditions in the records and arguments, such as the motive and background of the crime of this case, degree of damage, circumstances after the crime, Defendant’s career, environment, etc., the sentence of the court below cannot be deemed unfair.

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