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(영문) 수원지방법원 2018.11.26 2018노4716
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, such as the victim's statement and the evidence submitted by the prosecutor, the defendants stolen an investment agreement against M's will, and even if the defendants A conspired to conceal the land transaction agreement and the land use consent, the judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Improper sentencing (as to Defendant B), the lower court’s sentence (the amount of KRW 300,000) is too unhued and unreasonable.

2. Determination

A. The lower court rendered a not guilty on the assertion of mistake of facts on the grounds of detailed reasons under the title "the part of innocence" in its holding that it constitutes a case where there is no proof of criminal facts as to the charge of larceny and concealment of documents against Defendant A and the larceny against Defendant B, which constitutes the facts charged. The lower court’s judgment is sufficiently acceptable and acceptable, and there is an error of misapprehending the facts and affecting the conclusion of the judgment, as otherwise alleged by the prosecutor.

subsection (b) of this section.

The prosecutor's assertion of mistake is without merit.

B. In light of the fact that there is no record of the same kind of crime in determining the unfair argument of sentencing, there is no change of circumstances that could add the punishment of the court below in the first instance court, the prosecutor’s old punishment (the punishment amounting to KRW 500,000), and other various sentencing conditions indicated in the records and arguments, such as the defendant’s age, sex, environment, motive and circumstance of the crime, method and consequence of the crime, and circumstances after the crime, the court below’s punishment is judged to be appropriate, and it does not seem to be unfair because it is too unreasonable.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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