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(영문) 수원지방법원 2019.07.19 2019노2957

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the lower court’s determination of sentencing, in light of the following factors: (a) the scope of damage to each of the instant crimes, in particular, is not relatively heavy; and (b) the applicable sentences, etc.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.