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(영문) 서울중앙지방법원 2018.04.06 2017노4863
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. The judgment of the defendant was sentenced to 2 years of imprisonment with prison labor for the same thief for the same thief and is still in the period of the suspension of execution, but is not well-founded, and the nature of the crime is not good.

However, in light of the fact that the Defendant appears to recognize and reflect the crime, the fact that the damaged goods were returned to the victim, and the fact that the damaged goods were recovered from damage, and other circumstances leading to the Defendant’s age, sex, family environment, and crime, the prosecutor’s assertion is not acceptable on the grounds that the lower court’s sentencing is too unreasonable to the extent that the sentencing should be reversed.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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