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(영문) 수원지방법원 2017.07.28 2017노3191
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year and six months of imprisonment, and confiscation) is deemed to be too unhued and unfair.

2. The judgment has the record of having been punished several times for the same crime, and the two-month period has not elapsed after the release, and the Defendant committed a second offense, and the Defendant invaded upon another person’s residence by cutting the window-satising, thereby committing a larceny. In light of the applicable law and the circumstances, it is not good that the crime is committed, and that there is no agreement with the victims, etc., are disadvantageous circumstances.

However, in full view of the fact that the Defendant recognized his mistake, the confession of an additional crime during the investigation process, the value of stolen objects, and the victim C and J's damaged objects were returned to the victims, a partial larceny crime is committed against the attempted crime, and all of the sentencing conditions indicated in the pleadings, such as the Defendant's age, sex, environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too uneasible and unfair.

Therefore, prosecutor's assertion is not accepted.

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.

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