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(영문) 서울서부지방법원 2018.01.18 2017노1311
야간건조물침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The Defendant is likely to be subject to criticism in that he/she committed the larceny crime over a short period, even though he/she had a record of being punished by a fine due to suspension of indictment, theft, etc. for special larceny.

However, in full view of the fact that the amount of damage is relatively small, the victim I agreed with the victim D, the victim I’s damaged goods are deemed to have been returned, only one minor fine is imposed on the defendant, the defendant is a disabled person of Grade 2 with intellectual disability, and the defendant is detained for more than two months, and the defendant has half the time of reflect, and other various sentencing conditions in the records and arguments, such as the defendant’s age, sexual conduct, environment, family relationship, motive for the crime, etc., it cannot be deemed that the sentence imposed by the court below is too unjustifiable 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 groundless.

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