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(영문) 수원지방법원 2016.06.16 2016노2639
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case was committed by the Defendant using cutting machines, etc. over 12 times, and the nature of the crime is not good; (b) the amount of damage was totaled to 12,340,000 won and not recovered from damage; (c) the Defendant has been punished for the same kind of crime; and (d) some of the crimes of this case committed during the period of repeated crime due to the same kind of crime; and (e) the scope of recommended punishment according to the sentencing guidelines of the Supreme Court Sentencing Committee is between 10 and 2 years, it is unfair that the lower court’s sentence that sentenced 10 months imprisonment, which is the lowest range of the above recommended punishment, is too unreasonable

2. In full view of the circumstances alleged in the grounds of appeal, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, degree of damage, circumstances after the crime, etc., the lower court’s punishment is too uneasy and is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, so the above assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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