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(영문) 수원지방법원 2016.12.08 2016노6785
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, confiscation) declared by the court below is too unhued and unreasonable.

2. The crime of this case was committed by the Defendant, along with his accomplices, to steals money and valuables several times in a short period and use the stolen cards. The nature of the crime is not good. The Defendant interviewed with and planned figures such as destroying glass doors of each shop operated by the victim K and N due to the network prepared in advance during the course of the larceny crime of this case. Although multiple victims occurred due to the crime of this case, damage recovery has not yet been completed yet to the victims. The Defendant has the record of receiving juvenile protective disposition several times in the past, and the Defendant committed the crime of this case again during the suspension period of execution, even though he was sentenced to imprisonment with prison labor for one year and six months and three years in the night building intrusion larceny, etc. on July 18, 2016.

However, in full view of all the favorable conditions such as the Defendant’s character, character, environment, and family relationship, the lower court’s sentencing is difficult to be deemed to be unfair, considering the following as a whole: (a) the Defendant appears to reflect the mistake by recognizing all of the instant offenses; (b) the total amount of damage caused by the instant offenses is not much significant; (c) the victim K’s commission of the instant larceny crimes is limited to attempted attempts; (d) most damaged goods were seized; (e) the Defendant was temporarily returned to the victims; and (e) the Defendant did not have any history of criminal punishment until now; and (e) the Defendant was the first generation of a society aged 20 years old; and (e) the Defendant’s personality, behavior, environment, and family relationship.

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.

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