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(영문) 수원지방법원 2019.03.15 2018노7986

상습야간건조물침입절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year and two months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. Determination has the record of punishment several times for the crime of the same kind in the past, and the defendant committed the crime of this case again even though it is a repeated crime, etc. However, in addition to the circumstances favorable to the defendant, including the fact that the defendant has committed a repeated crime, there is no change of circumstance that the punishment of the court below is aggravated in the court below in light of the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, the amount of damage, circumstances after the crime, etc., the court below's punishment is deemed to be appropriate and it is not unreasonable because it is too unreasonable.

The prosecutor's assertion is without merit.

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