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(영문) 창원지방법원 2017.10.11 2017노1577
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court rendered a sentence by taking into account the favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, in light of the following factors: (a) the Defendant committed each of the crimes of this case during the period of suspension of execution due to larceny, etc., (b) the Defendant was committed at a disadvantage; (c) the Defendant was committed at the time of committing the crime; and (d) the Defendant was not likely to suffer damage; and (d) the Defendant was committed under the mutual consent between the victim E and E; and (e) the sentence was imposed

The appellate court, compared to the first instance court, has no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance sentencing judgment.

It is recognized that there are many criminal records of the same law for the defendant as required by the prosecutor for reasons of appeal, and that the defendant repeats the same crime during the suspension period of execution due to the same crime, and that there is no agreement with one of the victims.

However, these circumstances had already been considered by the court below, and the sentencing conditions mentioned above in the trial were significantly changed.

It is difficult to see the above sentencing, and in light of the above sentencing’s comprehensiveness, the lower court’s punishment cannot be deemed unfair because it is too unfluent.

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 as it is without merit. It is so decided as per Disposition.

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