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(영문) 수원지방법원 2019.01.11 2018노4663
절도
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The lower court sentenced a fine of KRW 1 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the facts that are the conditions for sentencing in this court, in particular, the fact that the defendant repents his mistake and does not repeat the crime of this case, the amount of damage caused by the crime of this case is not significant, the victim who returned the damaged article is not subject to the punishment of the defendant, and the punishment of the defendant, there is no such circumstance that the judgment of the court below exceeded the reasonable limit of discretion, or that it is unreasonable to maintain the judgment of the court below as it is.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the sentence is unreasonable because it is too uneasible.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.

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