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(영문) 수원지방법원 2013.07.25 2013노2030
특수절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds of appeal asserts that the sentencing (one year of imprisonment, two years of suspended execution, two years of probation, community service, etc.) of the court below against the defendant is too unhued and unreasonable.

2. According to the records, the court below's sentencing seems appropriate in light of the following circumstances: (a) the defendant, together with three accomplices, stolen three cell phones from the victims of high-priced mobile phones, and disposed of them; (b) the victims did not recover from damage; and (c) the victims want to punish the defendant; (b) the defendant's direct stolen mobile phones are only one and the degree of participation is relatively minor; (c) the defendant does not have any criminal prior to any crime other than the separate fine prior to any and the one time; and (d) the defendant's age, occupation, family environment, motive for the crime, and circumstances after 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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