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(영문) 수원지방법원 2016.06.09 2016노1706
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is that: (a) the Defendant was sentenced to eight months of imprisonment due to a violation of the Act on the Protection of Children from Sexual Abuse (Rape, etc.); and (b) the Defendant committed each of the instant crimes during the period of repeated crimes; (c) committed a crime several times in a short period; and (d) the risk of repeating a crime is likely to occur; and (e) the victims did not endeavor to recover from a large number of damage; and (b) the Defendant did not endeavor to complete a child abuse treatment program for 8 months and 40 hours, and thus, the lower court’s sentence is too unreasonable

2. In light of the facts alleged in the grounds of appeal, the lower court’s punishment is too unjustifiable and is not deemed unfair, considering the following: (a) the Defendant did not receive proper treatment or education with mental or intellectual disabilities for the age nine and five months; (b) the degree of damage from larceny is relatively minor; and (c) the motive and background of each of the crimes in this case; (d) the circumstances before and after the commission of the crimes in this case; (e) the degree of damage; and (e) other various matters stipulated in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s character and conduct, and the environment, etc. as indicated in the records and arguments of this case. Therefore, the aforementioned assertion

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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