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(영문) 서울동부지방법원 2017.03.30 2016노1482

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unfluent and unreasonable.

2. On April 30, 2014, the Defendant had been sentenced to one year of imprisonment for special larceny, etc., and committed the instant crime during the repeated crime period. However, the Defendant was committed during the repeated crime period, and the stolen bicycle was divided, and returned to the victim. The Defendant did not want the punishment against the Defendant, the Defendant’s age was lower, and the Defendant committed the instant crime while living in custody in the instant case, and all the sentencing conditions indicated in the pleadings, such as the Defendant’s age, sexual behavior, environment, etc., cannot be deemed unfair because the lower court’s punishment is too unfeasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.