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(영문) 수원지방법원 2019.07.05 2019노2507
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) is too unhued and unreasonable.

2. The lower court sentenced the Defendant to six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the sentencing of the lower court is deemed to have exceeded the reasonable bounds of discretion or that it is unreasonable to maintain the sentencing of the lower court in light of the following factors: (a) the content of the sentencing conditions in the trial; (b) the degree of damage to the victims, in particular, agreed on both the agreed terms and conditions; and (c) the applicable sentences, etc.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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