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(영문) 수원지방법원 2018.06.07 2017노9134
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) against the Defendant is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances in which no new data on sentencing have been submitted at the trial before the court below, and the prosecutor alleged unfair grounds for sentencing are considered to have already been reflected in the sentencing grounds of the court below. The Defendant recognized the crimes in this case, and is divided into several types of crimes. In the case of larceny against the victim G, the stolen bicycle was returned to the victim and recovered from damage. The Defendant was sentenced to imprisonment with prison labor on August 10, 2017 due to intrusion upon the building at night, etc., and the Defendant was not subject to reasonable discretion and scope of the Defendant’s oral proceedings and the records, taking into account the following circumstances: the Defendant’s motive and scope of the crime in this case’s sentencing should not be considered.

The prosecutor's assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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