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(영문) 수원지방법원 2015.07.24 2015노1722
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is improper because the punishment (a fine of 12 million won) declared by the court below is too unhued.

2. While the judgment defendant has been punished twice as the same crime, the crime of this case is punished as the crime of larceny, and the crime of this case is committed during the period of repeated crime after the execution thereof has been completed.

However, taking into account the following circumstances: (a) the Defendant’s restoration of damage to the victim and expressed the victim’s intention not to punish the Defendant; (b) the Defendant appears to repent in depth of the instant crime; and (c) the Defendant’s family members are also leading the Defendant; and (d) the motive and background of the instant crime; (b) the circumstances after the instant crime was committed; (c) the Defendant’s age, character and conduct, and environment; and (d) the sentencing conditions specified in the instant records and arguments, such as the records and arguments, are deemed appropriate.

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.

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