beta
(영문) 수원지방법원 2014.10.30 2014노5122

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year, two months of imprisonment and confiscation) shall be too unhued and unreasonable.

Judgment

There are many criminal convictions in the same way as the defendant, and there are three times parts of criminal punishment among them. While there is a need to punish the defendant by committing a crime during the period of repeated crime, some of the damaged goods are returned to the victim and the actual profit acquired by the defendant is not much high, taking into account the various circumstances that form the conditions for sentencing in this case, such as the shape of the crime in this case, the degree of damage, the age of the defendant, character and conduct, environment, family relationship, etc., the prosecutor's assertion is not acceptable since it is too unreasonable to the extent that the court below's punishment should be reversed.

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.

(B) In accordance with Article 25 (1) of the Rules on Criminal Procedure, the part of the "crime against the Victim L" in Part 2 of the Criminal Procedure Part 3 of the judgment of the court below shall be corrected ex officio to "the crime against the Victim M.