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(영문) 수원지방법원 2013.12.18 2013노3829
특수절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal (one year of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. The instant crime committed by the Defendant, in collaboration with C and D, had 36 internal storages equivalent to KRW 8,100,000 at the victim’s office, and was stolen by means of being transferred to and loaded into the said office space and by means of being loaded into the said office space. The crime of this case is highly poor in terms of the nature and criminality of the instant crime, taking into account the method of planned commission of the said office entrance, and the method of planned commission of the said office space for the transportation of the instant damaged goods, namely, the instant damaged goods after the crime.

The defendant was unable to reach an agreement with the victim up to the trial of the case.

However, in light of all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, motive, means, method, and consequence leading up to the crime of this case, the sentence of the court below is too uncomfortable, and thus the defendant's punishment cannot be deemed unfair, in consideration of all the sentencing conditions indicated in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, motive, method and consequence leading up to the crime of this case, and the situation before and after the crime of this case, etc., the defendant voluntarily attended the investigative agency, arrested the defendant, and contributed to the arrest of the accomplice by actively cooperating in the investigation and late late, etc., according to the investigation by the investigative agency.

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

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