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(영문) 수원지방법원 2016.11.18 2016노5472

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for one year of imprisonment, two years of probation, one hundred and sixty hours of community service order, and confiscation) is too unhued and unreasonable;

2. The judgment of the court below committed the crime of this case at the same time, even though the defendant had previously been punished by imprisonment for the same kind of crime, such as special robbery, etc. even though it had been committed, the defendant committed the crime of this case; the defendant prepared robbery while accompanying excessive, etc.; and stolen damaged articles by excavating and impairing the panel wall between the victim's out-of-the-counter flight into force, etc.; although it is acknowledged that the method of the crime of this case is dangerous and extremely poor, the defendant's confession of the crime of this case and reflects his mistake; the defendant has no record of being punished or sentenced for the same crime for the last ten years; the victim does not want to punish the defendant; the victim's family members want to make efforts to prevent recidivism; the court below's sentencing is reasonable; the defendant's age, character and behavior, environment, motive, method, method, and consequence of the crime of this case; and the prosecutor's allegation that the above punishment of the court below is unfair in light of the following circumstances, and thus, it is not accepted.

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.