beta
(영문) 춘천지방법원 2013.06.12 2013노35

특수절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and 2 years of probation, probation, community service, and 120 hours of probation) of the lower court’s sentence against the Defendant is deemed unreasonable.

2. The crime of this case in collaboration with Co-Defendant B and C of the court below was committed with 37,80,000 won of the market price of the victim, and the crime was committed against the defendant in light of the type of crime and the degree of damage. However, although there are unfavorable circumstances such as the defendant's appearance of crime and the degree of damage, the defendant's mistake is divided in depth, and the defendant does not want the punishment of the defendant. The defendant does not want the punishment of the defendant. The defendant did not have any record of punishment of the same crime except for the defendant's transfer of juvenile protection case due to the same crime 10 years prior to the defendant's 10 years prior to the crime of this case. Considering the motive and background leading up to the crime of this case, circumstances after the crime, the defendant's age, character and conduct after the crime, and other various kinds of sentencing factors shown in the records, the prosecutor's allegation above is not justified.

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.