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(영문) 서울중앙지방법원 2013.08.09 2013노1849
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too uneased and unreasonable.

2. The judgment of this case is a case where the defendant steals a witer in the truck parked in front of the part of the building where he works as a security guard, with the gap of the victim, who is the witer, in the direction of the surveillance being neglected, equivalent to 231,000 won at the market price, and the defendant was sentenced to 7 times a sentence, 5 times a fine, and 3 years a criminal offense of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

In full view of the following circumstances: (a) the Defendant committed the instant crime during the period of repeated crime even though he/she was sentenced to a fine for the second larceny, which was committed after being released from the military on August 31, 2010; (b) the Defendant has led to the confession and reflect of the instant crime; (c) the Defendant immediately returned walk 11 boxes to the victim on February 18, 2013; and (d) the Defendant, who suffered from the mental illness, such as coercion, military register walls, and other waldoid, continued medical treatment; and (e) the Defendant, who continued to suffer from the mental illness, such as the Defendant’s character and behavior, the motive and background of the instant crime, and the circumstances after the crime, does not seem to be unreasonable to the extent that the sentence imposed by the lower court is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 369 (4) of the Criminal Procedure Act on the ground that it is without merit.

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