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(영문) 서울서부지방법원 2015.12.11 2015노1568
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court (a fine of eight million won) is too unhued and unreasonable.

2. The Defendant committed the instant crime during the period of repeated crime due to the same crime as the instant crime and the same violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant had been punished several times due to the same crime, etc. that are disadvantageous to the Defendant.

However, in light of the circumstances favorable to the defendant, such as the confession of the crime of this case and the mistake against the defendant, the stolen wallet, etc. returned to the victim, and the victim does not want the punishment of the defendant, and all of the sentencing factors indicated in the arguments of this case, such as the defendant's age, character and conduct, environment, the circumstances after the crime of this case, etc., the sentence of the court below against the defendant is too uneasible and 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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