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(영문) 광주지방법원 2016.11.15 2016노678

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment with prison labor for one year, two years of suspended execution, and probation) is too unhued and unreasonable;

(The prosecutor stated his opinion that the defendant should be punished by imprisonment with prison labor for a year and six months). 2. The judgment of the defendant stolen the goods equivalent to the market price of KRW 800,000,000 and the damaged goods were returned to the victim and the damaged goods were restored.

In addition, considering the Defendant’s age, character and conduct, environment, and motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, the lower court’s punishment is within the reasonable scope of discretion and cannot be deemed unreasonable.

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