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(영문) 수원지방법원 2020.11.12 2020노3338
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The crime of this case is acknowledged that the defendant was sentenced to special larceny and completed the execution of the sentence, and the crime of this case was committed against the victim's bicycle during the repeated crime period, and the defendant had a record of criminal punishment several times for the same crime.

However, in full view of the following facts: (a) the Defendant recognized the instant crime and divided his mistake in depth; (b) the Defendant committed the instant crime once and did not have much value of the damaged goods; (c) the Defendant did not want the Defendant’s punishment by mutual consent with the victim; and (d) the Defendant’s age, career, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime; and (c) the sentencing of various sentencing conditions as shown in the instant records and arguments, such as circumstances after the crime, etc., it cannot be deemed that the Defendant’s punishment is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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

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