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(영문) 수원지방법원 2013.05.09 2013노524
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the summary of the grounds for appeal of this case is considerably poor in the nature of each of the crimes in this case, such as the period, frequency and methods of each of the crimes in this case, the sentence of the court below (one year of imprisonment, two years of suspended execution, and probation) is too unfeasible

2. The Defendant was involved in a crime more than ten times on a ten-month basis, and the degree of his/her participation was significant, such as managing stolen goods, beyond the degree of simply viewing the network. Each of the crimes of this case, which intrudes on a house using a gas pipe, and stolen property, and the nature of the crime is not good. In light of the above, there is sufficient need to punish the Defendant for severe punishment.

However, each of the crimes of this case was able to be tried with the case where the defendant was sentenced to a suspended sentence of 2 years, probation and community service order for 1 year and 2 years, and each of the crimes of this case was committed by the defendant around the second year of high school. It is a young adult who has become a full adult, and is relatively well under probation in the judgment of the above case, and there is a plan for the future life career, and it is clear that there is a plan for the future life career, and there is no big conflict with his family, and it is highly probable that the defendant might repent, and other various circumstances that are the conditions for the sentencing of this case, including the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., are considered to be unfair.

3. In conclusion, since the prosecutor's appeal is without merit, it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition. In accordance with Article 25 (1) of the Regulation on Criminal Procedure, "Articles 331 (2) and (1) and 342 of the Criminal Act" is changed to "Article 331 (2) and (1) of the Criminal Act (the point of special larceny), Article 342 of the Criminal Act, and Article 331 (2) and (1) of the Criminal Act (the point of attempted special larceny)."

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