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(영문) 수원지방법원 2019.07.18 2019노2025
특수절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is deemed to have been committed by the Defendant in collaboration with other accomplices, and in light of the method and content of the crime, etc., the quality of the crime was inferior in light of the method and content of the crime, and the Defendant appears to have proposed the crime of this case first, and the fact that the Defendant did not receive a letter from the victim until now, it is deemed to have already been considered in the sentencing of the lower court.

In addition, in full view of the circumstances such as the confession of the instant crime, the Defendant committed the instant crime, and reflects the depth of his mistake, the damage was recovered and the damaged goods were recovered, the Defendant still could expect the possibility of improvement and edification as a juvenile, and the Defendant has no record of punishment in the Republic of Korea, as well as the equity in sentencing with similar and similar cases, and the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence, as well as the various sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, it is not recognized that the lower court’s punishment is too unjustifiable.

Therefore, the prosecutor's above assertion is not accepted.

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

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