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(영문) 의정부지방법원 2019.06.20 2019노1058
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (one year imprisonment with prison labor);

2. The lower court determined a sentence by comprehensively taking into account the following circumstances and the matters stipulated in Article 51 of the Criminal Act. A person under way: (a) not only has the history of having been punished three times for the same kind of crime, but also commits the instant crime during the repeated crime period for which four months have not passed since the execution of the sentence was completed for the same kind of crime; (b) most stolen money was consumed by entertainment expenses, etc.; (c) the damage equivalent to the portion excluding three million won temporarily returned to the victim was not recovered; and (d) the mitigated person was not able to receive a letter from the victim; (b) was all recognized and against all of the instant crime; (c) was returned to the victim; and (d) the reason for unfair sentencing as claimed by the prosecutor was sufficiently considered in determining the sentence; and (d) the lower court’s punishment determined accordingly was made within the discretionary scope and appropriate.

In addition, there is no reason to judge that the sentencing conditions have changed in the trial.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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