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(영문) 수원지방법원 2016.11.23 2016노6796
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unhued and unfair.

2. However, the defendant was punished for the same crime nine times (seven times of fine, one suspended execution, and one suspended execution), and the crime of this case was committed during the period of repeated crime due to the same crime;

The defendant did not agree with the victim or have recovered from damage.

This point is the same as the prosecutor asserts.

However, considering all the circumstances asserted by the prosecutor as the grounds for appeal, the Prosecutor’s allegation of unfair sentencing is not accepted, since the lower court’s sentence is too unjustifiable, compared to the sentencing conditions stated in the records and arguments of this case and the reasons for sentencing of the original judgment.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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