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(영문) 수원지방법원 2017.10.20 2017노5510
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

In the text of the judgment of the court below, "victims without the name of the victim" shall be "victim D".

Reasons

1. The reasoning of the appeal (one and half years of imprisonment) of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too unaffortunate and thus unfair, in light of the following circumstances: (a) the confession of the crime; (b) the recovery of some damage from each of the crimes of this case; (c) the fact that there was a history of punishment several times for the same crime; (d) the fact that each of the crimes of this case was committed during the period of repeated crime due to the same kind of crime; and (e) the fact that there was no agreement with the victim.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. Since it is obvious that there are some errors in the court below's order, it is so decided to correct it under Article 25 of the Regulation on Criminal Procedure. It is so decided

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