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(영문) 부산지방법원 2017.09.01 2017노2092

특정범죄가중처벌등에관한법률위반(절도)

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is deemed to be too unhued and unfair.

2. Although the Defendant was punished by imprisonment three times with prison labor for larceny and completed the execution of the sentence of this case on eight days, the Defendant committed the crime of this case, etc. However, the Defendant’s mental retardation reflects the Defendant’s wrongness with the third degree disabled, the Defendant’s return or return of the stolen goods to each victim, and other sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive for the crime, etc., are too unjustifiable and thus, it cannot be said that the lower court’s punishment is unfair.

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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