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(영문) 수원지방법원 2017.11.17 2017노6091
특정범죄가중처벌등에관한법률위반(절도)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, including the Defendant’s age, sex behavior, motive for and frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too heavy or unreasonable in light of the following: (a) the Defendant’s age, the amount of damage is still excessive, the amount of damage is not significant, the amount of damage is repaid and agreed, and the family members are taking the lead of the Defendant; (b) the Defendant has been punished several times of the same kind of crime; (c) the Defendant was punished several times during the period of repeated crime of the same kind; and (d) the Defendant’s theft of money and valuables by intrusion upon the victims at night; and (e) the Defendant’s age, sexual behavior, motive for the crime, frequency of the crime;

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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