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(영문) 수원지방법원 2019.07.04 2019노1787
절도미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too untile and unfair.

2. The crime of this case is acknowledged to have been committed by the Defendant, who attempted to steals goods worth the total market value of KRW 8.50,000 in C, and assaulted a security personnel who prevented the victim by attempted to commit the crime, in view of the method and content of the crime, etc., and even if there are clear evidence, the Defendant denies the crime of this case and did not reflect it, it seems to have already been considered in the sentencing of the lower court.

In addition, considering the following circumstances: (a) in the event of larceny, all damaged articles were recovered; (b) the degree of assault was not serious in the event of assault; and (c) the Defendant appears to have committed the instant crime in a state of emotional instability; and (b) equity in sentencing with similar and similar incidents; and (c) the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime; and (d) the motive, means and consequence of the instant crime, etc., the lower court’s punishment is deemed unreasonable because it is too uneasible.

Therefore, the prosecutor's above assertion is not accepted.

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

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