beta
(영문) 전주지방법원 2013.09.13 2013노681

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall sentencing conditions in the grounds for appeal, the sentence of the lower court (fine 2,00,000) is too unfluent and unreasonable.

2. The instant crime of this case regarding the grounds for appeal is subject to strict punishment of Defendant in light of the following: (a) that Defendant stolen 5,400,000 won from the warehouse of the victimized Company on three occasions at night on three occasions; (b) the nature and circumstances of the crime are not good; and (c) it is not agreed with the victimized Company.

However, in full view of the following factors: (a) the Defendant recognized all of the instant crimes in the trial, and is in depth divided; (b) the Defendant was supplied with the instant paint while entering into a subcontract with the victimized Company after the discontinuance of construction; (c) used the stolen paint at a L site related to the victimized Company; (d) there are circumstances to be taken into account in the process of the crime; (c) the Defendant did not have any history of punishment for the same type of crime; and (d) other factors of sentencing as indicated in the instant records, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the Prosecutor’s allegation of unfair sentencing is deemed unfair, since the Defendant’s punishment is too un

3. 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.