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(영문) 수원지방법원 2015.06.03 2014노7159
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended execution in one year and six months of imprisonment, probation, and community service order of 160 hours in one year and six months of imprisonment) is too uneased and unreasonable.

2. The crime of this case was committed by the Defendant, who was sentenced to 8 months of imprisonment with prison labor for special larceny in 2009 and was sentenced to 1 year of the suspension of the execution of 5 months of imprisonment with prison labor for night building intrusion larceny in 2012, and the Defendant’s strict punishment is required in light of the following facts: (a) the Defendant committed the crime of this case, even though he had the past record of having been sentenced to 1 year of the suspension of the execution of 5 months from December 2013 to August 2014; and (b) committed the theft or attempted to steals property through intrusion on several property at night over 13 occasions; (c) the nature of the crime is not good in light of the background, frequency, method, and contents of the crime; and (d) there is no agreement with the victims or no specific measure

However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, the sentence of the lower court cannot be deemed as being too unjustifiable, and thus, the Prosecutor’s assertion is without merit, on the ground that the sentence of the lower court is too unreasonable. Thus, the Prosecutor’s assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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