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(영문) 서울동부지방법원 2017.03.16 2016노2018
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment) is too unfied and unreasonable.

2. The Defendant’s crime of this case, which habitually stolen property several times in a short period of time, is not weak, and the Defendant committed the crime of this case during the period during which the Defendant was subject to the suspended sentence due to larceny, and the victims’ damage has not been recovered, should be punished against the Defendant.

However, considering the fact that the defendant was aware of and divided into the crime, the age of the defendant was old, there was no criminal record sentenced to punishment for larceny, the defendant was living in the vehicle, etc., and that the defendant was living in the future with his family members in a sobrying so that he stolen cash, and that he will work faithfully with his family members in the future, and other sentencing conditions specified in the arguments in this case, such as the character, conduct and family environment of the defendant, it cannot be said that the sentence of the court below is too uneasible and unfair.

3. Accordingly, 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. It is so decided as per Disposition.

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