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(영문) 수원지방법원 2017.11.24 2017노4499
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of suspended sentence of six months and suspended sentence of six months, and observation of protection) is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In the first instance court, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the trial, and the circumstances in which the prosecutor alleged the grounds for sentencing are unfair, are deemed to have already been reflected in the lower court’s sentencing grounds; the Defendant appears to have been against the period of detention for about three months; the Defendant returned the money to the victim on the day of the crime; the Defendant returned the damaged goods to the victim; there was no history of having been sentenced to punishment on the Defendant; the Defendant did not prevent a crime for the last four years prior to the crime; and the Defendant’s motive, means and consequence of the crime; and the circumstances after the crime, etc., are considered to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

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.

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