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(영문) 서울중앙지방법원 2020.01.06 2019노3310
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unhued and unreasonable.

2. Determination is that the Defendant had been sentenced to the suspension of the execution of imprisonment due to the same type of fraud and theft crime; each of the crimes in this case consists of repeated crimes during the period of repeated crimes, and the criminal liability is more severe; some of the crimes in this case purchased high-priced precious metal with the PC main body using the PC bank or with the stolen PC card, and the method of the interview and the nature of the crime is bad; the victims with a large amount of damage did not recover from damage; and there was no agreement with the above victims.

However, in full view of all the sentencing conditions stated in the records of this case, including the defendant's age, character and conduct, environment, background of crime, circumstance after crime, etc., the court below's punishment is too uneasible and unreasonable, and thus, the prosecutor's assertion is without merit, since it is acknowledged that the court below's punishment is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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