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(영문) 수원지방법원 2015.04.16 2015노1618

상습절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the prosecutor’s grounds for appeal (e.g., in a case where the Defendant was punished for the same kind of crime and committed the instant crime several times in the same way during the period of repeated crime, and most of the damage recovery was not made, it is unfair that the lower court’s sentence that sentenced two years of imprisonment is too uneasible.

2. In light of the motive and background of the instant crime, the circumstances before and after the instant crime, the degree of damage, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and behavior, environment, etc., in consideration of all the circumstances alleged in the grounds for appeal, the lower court’s punishment is deemed unreasonable, and thus, is not determined unreasonable, on the ground that there are no grounds for appeal, considering all the circumstances asserted in the grounds for appeal.

3. The prosecutor’s appeal of conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the prosecutor.