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(영문) 서울서부지방법원 2015.09.11 2015노1153
상습절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the original court (ten months of imprisonment) shall be too unhued and unreasonable;

2. The Defendant committed the instant crime as well as the fact that the Defendant did not agree with the victims, even though the period of repeated crime due to the instant crime and the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, has not yet passed since the enforcement of the sentence was terminated.

However, in light of the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the stolen motor vehicle was returned to the victim, etc., and other factors of sentencing as indicated in the argument of this case, such as the defendant’s age, character and conduct, environment, the background of the crime of this case, and the circumstances after the crime, the sentence of the court below against the defendant is too uneasible and unreasonable.

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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