beta
(영문) 수원지방법원 2020.11.26 2020노5004

절도

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and six months of imprisonment) is too unhued and unfair.

2. The crime of this case is acknowledged that the defendant took part in the collection and delivery of the amount of damage to the Bosing Criminal Organization five times and stolen the sum of KRW 71,80,000,000,000 given to the victim’s designated place by the organization of the organization in the name of the victim. In light of the method and content of the crime, and the scale of damage, the crime is very poor and the liability for the crime is very heavy, and the crime of Bosing is very significant. The crime of this case requires strict punishment because the crime of this case is very serious social harm. The defendant appears in the attitude that the defendant did not seriously reflect his mistake while denying the crime at the court below, and that the amount of damage was not recovered as much as the amount of damage was not recovered, and the defendant was not able

However, in full view of the following facts: (a) the Defendant recognized the instant crime at a late time when the Defendant was in the trial; (b) the Defendant did not have much profits earned by the Defendant compared to the amount damaged by the instant crime; (c) the Defendant did not have any record of criminal punishment in the Republic of Korea; and (d) the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime; (b) the means and consequence of the instant crime; and (c) the sentencing of the same and similar cases as indicated in the instant records and arguments, such as the circumstances after the crime, etc., it is not recognized that the lower court’s punishment

Therefore, the prosecutor's above assertion is without merit.

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