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(영문) 수원지방법원 2018.10.15 2018노3457
야간건조물침입절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one million won in penalty, five million won in penalty, confiscation) is too unhued and unreasonable.

2. Although there are circumstances unfavorable to the Defendant, such as the fact that the Defendant was a crime during the suspension of execution due to the same kind of crime, and that there are many other records of punishment for the same kind of crime, the Defendant appeared to have committed a mistake and reflective attitude. Meanwhile, in addition to the circumstances favorable to the Defendant, such as the fact that there is no change of circumstances that could add the punishment of the lower court in the trial in light of the Defendant’s age, sex, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is deemed to be appropriate, and it does not seem to be unfair as 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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