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(영문) 수원지방법원 2017.07.21 2017노1530
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (the suspended sentence and the suspended suspended sentence: 4 months) is too unhued and unreasonable.

2. The lower court, based on the favorable and unfavorable circumstances to the Defendant, suspended the sentence of imprisonment for a period of four months.

When comprehensively taking into account the following factors: (a) the sentencing conditions in the trial; (b) the Defendant deposited KRW 600,00 for the victim; and (c) the sentencing guidelines are deemed to have exceeded the reasonable scope of discretion; and (d) the sentencing of the lower court exceeded the reasonable scope of discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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