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(영문) 광주지방법원 2015.09.15 2015노1915

특정범죄가중처벌등에관한법률위반(절도)

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The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. In light of the favorable circumstances, such as the fact that the Defendant’s mistake was divided and against each other, the thief committed the instant thief at one time, the total amount of damage was about 1.6 million won, the Defendant was performing his duty of military service after release, etc., the Defendant did not agree with the victims or did not make a repayment for damage; the Defendant was sentenced to imprisonment with prison labor for the commission of larceny on December 27, 2012; the Defendant committed the instant crime, which is the same type of crime, during the period of repeated offense after the completion of the enforcement on April 28, 2014; and in full view of all the sentencing conditions as indicated in the records of the instant case, it cannot be said that the Defendant’s excessive punishment against the Defendant is unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.