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(영문) 수원지방법원 2017.05.19 2016노6222
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and fine of 300,000 won) is too uneased and unreasonable.

2. In full view of all the sentencing conditions, including the following: (a) the Defendant led to the confession of and reflect on the crime; (b) the Defendant still needs to be given an opportunity to grow as a sound social person as his age; (c) the Defendant was detained for a certain period of time due to the instant crime; and (d) a considerable number of victims have not been punished for the Defendant; and (c) the victims have recovered some of the damage therefrom; (d) the crime is not good in light of the frequency of the crime, method of the crime, the process of the crime; (e) a fine is imposed for the same kind of crime; and (e) some victims have not been recovered; and (e) some victims have not been recovered from damage until now, the Defendant’s age, sex behavior, motive, frequency of the crime; (e) the method of the crime; (e) the circumstances after the crime; and (e) the circumstances after the crime; and (e) the circumstances and the process of the crime, etc., the court below’s punishment cannot be deemed to be unfair

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 by the court below (Article 38(1)2 of the Criminal Procedure Act on the ground that the “an aggravated punishment of 1. concurrent crimes” is added to “Article 38(1)2 of the Criminal Act” of the “an aggravated punishment of 1. concurrent crimes” of the court below’s “Article 38(1) of the Criminal Procedure Act” and ex officio

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