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(영문) 부산지방법원 2016.11.11 2016노2871
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below (a fine of KRW 10 million) is unreasonable because it is too unfasible.

2. The crime of this case is found to be an unfavorable circumstance to the defendant, where the defendant intrudes on the house of the victim by reducing the window of the victim's house, steals property equivalent to KRW 2,615,00 from the house of the victim, and the circumstances and the nature of the crime are not negligible. The defendant has been punished for the same kind of crime, and the crime of this case was committed during the period of suspension of execution.

However, in full view of the fact that the defendant is detained in three months of detention, it appears that his mistake would be against the defendant, that the victim expressed his/her intention not to have the defendant punished at an investigative agency, that the defendant added the court below made a repayment of damage to the victim and agreed smoothly with the victim, and that the defendant's age, character and conduct, environment, circumstances and motive leading to the crime of this case, and all other matters concerning the sentencing specified in the records and arguments of this case are too uneasible and unfair. Thus, the prosecutor's argument of unfair sentencing is without merit.

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

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