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(영문) 수원지방법원 2015.01.22 2014노4801
절도
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (2 million won of a fine) is too unhued and unfair.

However, in 2005, the defendant was sentenced to imprisonment with prison labor for night buildings, intrusion, theft, etc. and was sentenced to ten months or more, and there are circumstances unfavorable to the defendant, such as the criminal records of the same kind.

However, Swater’s market value, which is the damaged goods of this case, is merely 15,00 won and returned to the victim immediately after the crime was committed, and considering all other circumstances, such as the recognition of the Defendant’s mistake and the reflection of the Defendant’s mistake, the sentencing of the lower court cannot be deemed to be unfair because the sentencing of the lower court is too uneasible.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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