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(영문) 수원지방법원 2019.06.24 2018노8207
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal committed the instant crime during the period of repeated crime.

The crime of this case is very rough and poor to commit the crime of this case by intrusion upon a residence, not a simple larceny.

The frequency of crimes is also very serious.

In light of this, the sentence of the court below (the fine of KRW 10 million) is too unhued and unfair.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing is too unfluent and so it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

Therefore, the prosecutor's assertion of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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