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(영문) 부산지방법원 2018.08.17 2018노1567
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to eight million won) is too minor.

2. In full view of all the arguments of this case and the sentencing conditions indicated in the records, including the circumstances unfavorable to the defendant (at least one month after having been discharged) and favorable circumstances (such as the fact that the court below started to commit each of the crimes of this case, the majority of the victims and the location of theft or various thefts, etc.) and favorable circumstances (the amount of damage by victim is not significant, the victims are compensated for damage, and the victims do not want the punishment of the defendant by agreement) as stated in the grounds for sentencing, the sentencing judgment of the court below exceeded the reasonable limit of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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