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(영문) 수원지방법원 2014.11.20 2014노3730
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The judgment of the defendant has four previous crimes who were punished for the same kind of crime, and the crime of this case is committed after completion of his/her punishment for the crime of this kind, and the nature of the crime is not good even though it was committed during the period of repeated crime;

However, the damage amount of this case is relatively minor to KRW 200,000, and the victim does not want the punishment against the defendant by mutual consent with the victim, the defendant has the time of reflectiveness while living in custody for at least 40 days in this case, and other circumstances leading to the defendant's age, character and conduct, family environment, and crime are considered comprehensively, the prosecutor's assertion is not acceptable since it is too unreasonable to the extent that the sentencing of the court below should be reversed.

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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