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(영문) 부산지방법원 2017.12.22 2017노3609
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that of the lower court’s punishment (one and half years of imprisonment).

2. In full view of all the circumstances indicated in the arguments and records of the instant case including the favorable circumstances (such as return of stolen goods, confession, etc.) and unfavorable circumstances (a repeated offense, victim’s severe punishment, victim’s motive, consequence of the motive of the crime, circumstances after the crime, etc.), the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following as a whole:

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s 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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