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(영문) 의정부지방법원 2018.01.29 2017노3423
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (2 years and six months of imprisonment, confiscation) is deemed to be too uneasy and unfair.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant, in particular, that the Defendant committed each of the instant crimes during the period of repeated special larceny, and that many victims’ damage has not been recovered.

However, in light of the following: (a) the Defendant is fully aware of and against all of the crimes; (b) certain damaged items have been returned; and (c) other various conditions of sentencing as indicated in the records, such as the background of the crime, the circumstances after the crime, the Defendant’s age, and sexual behavior, the lower court’s punishment is too uneasible and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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