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(영문) 부산지방법원 2017.06.23 2017노34
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy and unreasonable.

2. It is recognized that the Defendant had several criminal records of the same kind, and that the instant crime was committed during the suspension period of execution due to the same kind of crime.

However, in light of all the sentencing conditions, such as the fact that the repeated crime of a defendant appears to be due to the mental problem rather than the attitude at the time of light of legal order, the fact that the defendant is receiving a relatively faithful mental treatment while closely reflecting the crime, not only the damage is insignificant, but also the damage was recovered through an agreement (including separate monetary compensation), and the victim’s desire to take the Defendant’s wife into account, it cannot be deemed unfair because the sentence of the court below is too uneasible.

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

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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