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(영문) 울산지방법원 2017.05.30 2017노364
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the prosecutor’s appeal is as follows: (a) the lower court’s punishment (one million won in penalty) is too unhued and unreasonable.

2. The Defendant committed the instant crime, even though he/she was sentenced to imprisonment on July 9, 2015 with a prison term of two years from the suspension of execution on July 9, 2015, is disadvantageous to the Defendant.

Meanwhile, in full view of the following circumstances: (a) the amount of damage caused by the instant larceny is relatively low; and (b) the Defendant has a favorable condition for the Defendant, such as the Defendant’s health condition, economic condition, age, sexual conduct, environment, and circumstances after the commission of the instant thief, etc.; and (c) comprehensively taking account of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s health condition, economic condition, age, sexual conduct, environment, and conditions after the commission of the instant thief,

Therefore, the prosecutor's above assertion 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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