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(영문) 서울북부지방법원 2017.10.19 2016노2678
특수절도미수
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced to the defendant (six months of imprisonment) is too unfortunate and unfair.

Judgment

This case is a case where the defendant tried to steals the victim's property in a way that she was female female at around 1 time together with B, and thus, the criminal liability is not less and less unfavorable to the defendant. However, on the other hand, considering the motive and background leading up to the crime of this case, the means and method of the crime, the circumstances leading up to the crime of this case, the defendant's age, sexual conduct, environment, occupation, family relation, etc., as well as other circumstances that are favorable to the defendant, such as the defendant's motive and circumstance leading up to the crime of this case, the method and method of the crime, the defendant's age before and after the crime of this case, the defendant's age, sexual conduct, occupation, family relation, etc., the punishment of the defendant sentenced by the

In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Provided, That the last execution of the judgment of the court below No. 1 is that the error of "B" and the "joint consolidation" of the conduct No. 2 and the conduct No. 3 is clear, so it is corrected to correct it ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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