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(영문) 수원지방법원 2016.11.02 2016노3104
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

2. One of the defendants was sentenced to punishment twice for the same crime, and the number of juvenile protective orders for the same crime is extremely high.

The crime of this case was committed during the period of repeated crime for the same crime.

This point is the same as the prosecutor asserts.

However, the defendant recognizes and reflects the crime.

The amount of damage is not less than 650,000 won, and 80,000 won is paid to the victim, and the victim does not want the punishment of the defendant.

In addition, in full view of all the circumstances that are conditions for sentencing, such as the Defendant’s age, character and conduct, environment, family relationship, motive and method of committing the crime, and circumstances after committing the crime, it cannot be deemed that the sentence of the lower court is too unjustifiable, and thus, the prosecutor’s assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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