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(영문) 수원지방법원 2014.06.05 2014노1958
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. The Defendant committed the instant crime even if he/she had several criminal records of the same kind, completed the execution of imprisonment for the same crime within the period of repeated crime, and again committed the instant crime, even though he/she was a majority of the victims, the victims did not recover and did not agree with the victims, and repeatedly committed multiple crimes during a relatively short period. The instant crime is a type of larceny that intrudes into the structure managed by others, and is not suitable to commit the instant crime, which is an unfavorable sentencing factor against the Defendant.

However, considering the fact that the defendant is against his own crime and is divided, the degree of damage is not significant, and some victims want to take a preference against the defendant, the defendant is socially vulnerable class as a deaf-mute, the fact that there are minor children to be supported, the fact that there are minor children to be supported, the fact that the judgment is to be judged simultaneously with larceny, etc., the fact that the court should consider equality with the case that the defendant's age, character and behavior, environment, etc. as shown in the records and arguments of this case, and other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's age, character and behavior, as shown in the records and arguments of this case

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.

(However, pursuant to Article 25 of the Rules on Criminal Procedure, “The judgment became final and conclusive on August 16, 2013” in the sentence of the first head of the crime in the judgment of the court below ex officio shall be corrected to “the judgment became final and conclusive on August 22, 2013.”

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