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(영문) 청주지방법원 2016.04.29 2015노533
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is unreasonable as it is too unfasible to the extent that the penalty (6,000,000 won) is too unfased.

2. The lower court appears to have sentenced to a fine of KRW 6,00,000, taking into account the favorable and unfavorable circumstances of the Defendant.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limits of discretion in light of the matters requiring conditions of sentencing, the statutory penalty, the sentencing guidelines, etc. in the court below.

There is no circumstance in which the lower court’s determination of sentencing is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In addition, considering the character and conduct of the Defendant, family relations, the background and result of the instant crime, the circumstances after the instant crime, etc., the lower court’s sentence is appropriate and too unreasonable.

Therefore, prosecutor's sentencing and light allegation are without merit.

3. In conclusion, 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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