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(영문) 서울남부지방법원 2013.05.09 2013노437
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (one year and six months of imprisonment, two years of suspended execution) imposed by the court below is too unfasible and unfair.

Therefore, it is true that there is a need to punish the defendant more strictly in light of the fact that the defendant committed the crime of this case while he was sentenced to one year of the suspended sentence for larceny in the Seoul Southern District Court on December 29, 201, even though he was sentenced to one year of the suspended sentence for larceny in December 29, 201.

However, since the crime of this case was committed immediately after the crime of this case, the defendant's mistake is recognized in depth, the defendant again does not commit such a crime, and the defendant's children also seem to actively help the defendant, the victims also agree with the victims and children, and the victims have led to a difficult home while supporting the young children. The crime of this case also seems to have caused excessive economic shortage, and the court below has determined the punishment in consideration of the circumstances that are already disadvantageous to the defendant, there is no change in the circumstances or circumstances that may be considered newly in sentencing after the sentence of the court below, and there is no change in the court below's age, character and conduct, environment, motive, means and consequence of the crime of this case, and various other circumstances that form the conditions for the arguments and the sentencing stated in the records of this case, such as the circumstance that the prosecutor asserts as grounds for appeal, even if all of the circumstances asserted by the prosecutor are considered as grounds for appeal, it is unreasonable to deem the defendant to be too unfair.

Therefore, prosecutor's assertion is without merit.

If so, the prosecutor's appeal is without merit, so Article 364 (4) of the Criminal Procedure Act.

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