beta
(영문) 서울동부지방법원 2016.09.02 2015노244

절도미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (hereinafter referred to as 6,00,000 won of fine) is too unhued and unreasonable.

2. The judgment of the court below has four times the records that the defendant was punished for the same kind of crime, and it is recognized that the crime of this case is a repeated crime. However, the crime of this case is committed because it is discovered while stolen the keys of the clothes from Mana to the lab and found goods inside the clothes. The crime of this case is relatively minor, the victim is not punished, the defendant is not punished, the defendant has an opportunity to reflect his behavior committed through confinement at least two months prior to the decision of the court below, and the defendant seems to have made efforts to live faithfully in approximately one year from the time of the crime of this case after the execution of the previous sentence was completed, and it is difficult to say that the sentence of the court below is unreasonable because it is too uneasible.

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.