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(영문) 수원지방법원 2020.06.04 2019노6768
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The crime of this case is found to have been committed by the Defendant on three occasions, which steals goods from the point of view of the method and frequency of the crime, which is considerably poor in the quality of the crime; the Defendant has been punished several times for the same crime; and the Defendant has been released on September 20, 2018 after having completed the execution of imprisonment with prison labor for the same crime on September 20, 2018, and even before one year elapses, each of the crimes of this case was committed, and the risk of recidivism is highly high.

However, the value of the damaged goods caused by the instant crime is small amount, and the Defendant paid compensation for more than the amount of damage to the victim of the instant thief, and the Defendant agreed to compensate for more than two of three thiefs, the Defendant recognized the instant crime and divided it in depth, and the Defendant was living as an elderly under 77 years old living alone, and the Defendant appears to have committed the instant crime. After release, the circumstances of committing any other crime except each of the instant crimes have not been discovered until then, and the circumstances of committing the instant crime have not been discovered, and other various sentencing conditions indicated in the instant records and arguments, such as the following facts: (a) the Defendant’s character and character, environment, motive and background leading to the crime, means and consequence of the crime, and the circumstances after the crime

Therefore, the prosecutor's above 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 ground that it is without merit. It is so decided as per Disposition.

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