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(영문) 수원지방법원 2017.05.12 2016노7011
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too uneasy and unreasonable.

2. In light of the fact that the Defendant again committed the instant crime even though he/she had been in the period of suspension of execution due to the same crime, and that the instant crime of theft of money and valuables by entering another person’s residence contains a lot of risk, it is necessary to shoulder the importance of the law by sentencing imprisonment to the Defendant.

However, the judgment of the court below that has been sentenced to a fine only once in full view of all the sentencing conditions, such as the defendant's confession and reflect on his criminal act, the theft amount of the defendant is the small amount, the fact that the defendant agreed smoothly with the victim, the defendant's engagement in a certain occupation after the crime of this case, the defendant's age, criminal records, sexual conduct, occupation, occupation, background, motive and circumstance of the crime, the means and method of the crime, and the circumstances after the crime of this case, etc., it cannot be deemed unfair since the sentence of the court below is too uneasible.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, 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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