beta
(영문) 광주지방법원 2015.10.15 2014노2627

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (eight months of imprisonment and one year of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. Each of the crimes of this case committed jointly or separately by the defendant, in light of the victim's vehicle or goods in the victim's vehicle or the attempted crime, and the quality of the crime is not good in light of the method and frequency of the crime, and the defendant has a record of receiving juvenile protective disposition twice for the same crime.

However, the victim does not want punishment against the defendant, the victims do not want to commit a second offense, the victims do not want such punishment, the victim's age, character and behavior, environment, the circumstances and result of the crime of this case other than juvenile protective disposition, etc., favorable circumstances such as the defendant's age, character and behavior, the background and result of the crime of this case, and the scope of recommendations and sentences for the sentencing guidelines established by the Supreme Court (not less than 4 months), [the scope of recommendations] mitigation area (4 to 10 months) [special larceny] mitigation area (4 to 10 months] mitigation area of punishment (2 crimes in general property] [Recommendation range] mitigation area (4 to 2 crimes in general larceny] [Recommendation scope of punishment] [Recommendation area] mitigation area (general larceny] of punishment mitigation area (4 to 10 months) [special larceny] of punishment punishment area (special larceny] of the prosecutor's punishment scope], and the defendant's recommendation for special larceny range is not recognized for more than 1 to 4 months.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 346 (4) of the Criminal Procedure Act. It is so decided as per Disposition.