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(영문) 창원지방법원 2017.01.25 2016노3232
특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: imprisonment with prison labor for one year, and Defendant B: imprisonment with prison labor for ten months) is too uneasible and unfair.

2. Each of the instant crimes committed by the Defendants, jointly and severally, was committed by the Defendants to steals or attempted another’s property, and the nature of the crime is not good in light of the form of the crime, and the Defendants had been punished several times, including imprisonment for the same kind of crime. Defendant A is a repeated crime period. Defendant B was sentenced to a suspended sentence of two years for larceny in the Busan District Court’s Dong branch court around December 2015, and Defendant B committed each of the instant crimes even during the suspended sentence of two years for larceny.

However, it is favorable for the Defendants to take advantage of the fact that the Defendants were waiting to commit the instant crime in lieu of one’s own crime, and reflects the wrongness. The amount of damage caused by each of the instant crimes is relatively minor, the damaged goods were returned to the victim H, and the victim H did not want punishment against the Defendants.

In addition to the above circumstances, considering various conditions of sentencing specified in the records and arguments of this case, such as the Defendants’ age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the judgment of the court below cannot be deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain them as they are.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal against the Defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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