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(영문) 수원지방법원 2013.11.07 2013노2611
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year and six months of imprisonment, two years of suspended execution, and probation) is deemed to be too uncomfortable.

2. According to the records, the court below's sentencing is not deemed to be unreasonably weak considering the following as a whole: (a) the defendant was guilty of larceny; (b) the defendant was sentenced to a suspended sentence of one year and six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the Act on the Aggravated Punishment, etc. of Specific Crimes) in 2003; and (c) the frequency of the crime in this case is not much than 12 times; (d) a considerable number of larceny criminals who were not revealed after the defendant was arrested to the investigative agency; (e) the fact that the defendant was committed against his mistake; (e) the defendant's age, character and conduct, family environment, and other circumstances leading to the crime

3. Thus, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the prosecutor's argument is without merit. It is so decided as per Disposition.

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