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(영문) 대구지방법원 2019.05.14 2019노941

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) by the lower court is deemed to be too uneasible and unfair.

2. The Defendant, who had been punished three times for the same kind of crime as the judgment, committed each of the instant crimes at the same time during the period of repeated crime.

The defendant did not agree with the victims.

However, the defendant, as a person with a disability of the second degree in the mental retardation, is recognizing and opposing his mistake.

The degree of damage to each of the crimes in this case is not significant.

The Defendant was able to be tried simultaneously with larceny, etc. in the judgment of the court below that became final and conclusive.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime was committed, there is no special circumstance or circumstance newly considered in the sentencing after the sentence of the lower judgment, the sentence that the lower court rendered is too unreasonable and unreasonable.

3. The prosecutor's appeal of conclusion 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.