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(영문) 서울중앙지방법원 2017.11.02 2016노4926
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant is guilty of theft against the misunderstanding of facts.

B. The sentence of the lower court that is unfair in sentencing (eight months of imprisonment and two years of suspended sentence) is too unfortunate and unfair.

2. Determination

A. The lower court’s determination on the assertion of mistake of facts cannot be readily concluded that each of the larceny crimes of this case was due to the habition inherent in the Defendant, with the explanation of its reasoning.

The decision was determined.

Examining the evidence of this case, the above judgment of the court below is legitimate, and the prosecutor's allegation of mistake is without merit.

B. There is no particular change in the sentencing conditions compared to the judgment of the court below on the unfair argument of sentencing. In full view of the circumstances favorable to the defendant as stated by the court below, the circumstances unfavorable to the defendant, and other various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too uneasible

There is no reason to believe the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground of appeal.

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