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(영문) 대전지방법원 2020.08.28 2020노2076

특정범죄가중처벌등에관한법률위반(절도)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendant, who had been punished several times due to the same type of crime in this case, committed each of the larceny in this case without being able to do so even though he was in the period of repeated crime; and (b) the risk of repeating a crime is frightencing; and (c) the nature of the crime is very poor in light of the applicable method of the crime and the recovery of damage was not entirely achieved, the lower court’s imprisonment (two

2. We examine the judgment, and the above circumstances alleged by the prosecutor are considered to have been sufficiently taken into account when determining the punishment at the court below. Moreover, considering the various reasons for sentencing revealed in the proceedings of the instant case, such as the fact that the Defendant led to the confession of each of the instant crimes and reflects the mistake in depth, and that the circumstances that may be considered in the process of committing the instant crime were observed, it does not seem that the sentencing of the court below exceeded the reasonable scope of discretion because it is too unfeasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.