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(영문) 수원지방법원 2014.12.04 2014노5571
절도
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of imprisonment (one year of imprisonment) of the court below is too unfasible, and the prosecutor is too unfased and unreasonable.

2. The crime of this case is deemed to have been committed by deceiving and deceiving a victim who had been aware of the fact that it is significant in light of the Criminal Procedure Act, that there is no agreement or damage with the victim, that the defendant has been punished for the same kind of crime, that the defendant committed the crime of this case during the period of repeated crime due to the same kind of crime, and that the defendant committed a violation of discipline within the detention house even after the detention of this case, etc., which are disadvantageous to the defendant, and that the defendant led to the crime of this case, which is favorable to the defendant.

In full view of the above-mentioned circumstances, including the accused’s age and happiness environment, the lower court’s punishment seems to be reasonable, and thus, the Defendant and the prosecutor’s assertion cannot be accepted.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is

However, under Article 25(1) of the Rules on Criminal Procedure, “Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on April 10, 2013, and the execution of the sentence was terminated on May 6, 2014.” The Defendant was sentenced to two years of suspended sentence for larceny at the Seoul Central District Court on November 9, 2012 and the said judgment became final and conclusive on November 17, 2012. On April 10, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for special larceny, etc. at the Suwon District Court on June 28, 2013, and the said suspended sentence became final and conclusive and conclusive on May 6, 2014.

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