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(영문) 수원지방법원 2017.04.14 2017노205
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (two years and six months of imprisonment) is too unhued and unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too unreasonable and it cannot be deemed unfair, taking account of the following factors: (a) the Defendant’s total recognition of the crime; (b) the amount of damage to the thief was not significant; (c) the purchaser for the simple medication of narcotics-related crimes was punished several times; (d) the Defendant was serving as a repeated crime due to the same kind of larceny; (e) the Defendant committed each of the instant crimes without being aware of the fact that intrusion upon residence and theft was planned; and (e) there was no agreement with the victims.

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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