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(영문) 부산지방법원 2017.11.03 2017노2686
특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (the suspension of sentence of 6 months of imprisonment and 300,000 won of fine; the suspension of sentence of 6 months of imprisonment and 300,000 won of fine; the suspension of sentence of 6 months of imprisonment and 300,000 won of fine)

2. On the same day, the Defendants committed the instant larceny even though they were aware of the victim’s theft of trees, and on the same day, committed the instant larceny. Defendant A had been subject to criminal punishment once due to a violation of the Road Traffic Act (unlicensed driving), and Defendant B had a record of criminal punishment three times due to larceny, etc.

However, in full view of the favorable circumstances, such as the fact that all of the crimes are recognized and reflected, and that the Defendants committed the theft of the instant trees planted in an abandoned house located in the housing redevelopment area for the purpose of creating a chemical force in the area where waste was illegally dumped as a US source, and that there was no prior agreement with the victim, and that there was no previous conviction exceeding the fine, and other favorable conditions of sentencing, such as the Defendants’ age, sex, criminal conduct, environment, motive, means and consequence of the crime, etc., it is difficult to view the lower court’s punishment to be too unjustifiable and unreasonable.

Therefore, the prosecutor's above argument of sentencing is without merit.

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

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