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(영문) 서울중앙지방법원 2012.12.28 2011노3544
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The judgment of this court has a history of serving several criminal punishment and a protective disposition on the defendant for a similar type of crime, and the victims still maintain their intent to punish the defendant, and there are conditions of sentencing unfavorable to the defendant. However, the prosecutor's argument disputing this point is not acceptable, in full view of the following factors: (a) the defendant is in profoundly against the defendant; (b) the defendant is undergoing a growing growth process; (c) the defendant was well aware of his 20 years old, and there are circumstances that can be taken into account in terms of the motive for each of the crimes of this case, and most damaged goods have been returned to victims; and (d) the sentencing conditions favorable to the defendant are also considered as being unfair, such as that the first instance court determines the sentence within the scope of the recommended sentence according to the sentencing guidelines and the suspended sentence imposed on the defendant is too unreasonable.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.

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