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(영문) 수원지방법원 2017.06.02 2016노7919
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. The lower court sentenced a fine of KRW 9 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in the trial, in particular, the sentencing of the court below exceeded the reasonable bounds of its discretion in full view of the following: (a) the defendant transferred his domicile to the place of business in which he was in the trial; and (b) the defendant assisted to prevent and treat the recidivism of the defendant; (c) the defendant, who is under protection and observation due to the previous crime, faithfully complies with the interview of the protection and observation officer; and (d) the defendant faithfully complies with the obligations to observe the protection and observation; (c) the mental and medical treatment is continued; and (d) the punishment

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be comprehensively considered, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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