beta
(영문) 광주지방법원 2015.11.19 2015노601

절도

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

The fact that the defendant had five criminal records, including punishment, and the crime of this case was committed during the period of repeated crime is an unfavorable sentencing factor.

However, considering the following factors: (a) the fact that the Defendant is recognized as committing the instant crime; (b) the Defendant appears to have committed the instant crime by contingency; (c) the fact that the Defendant compensated for damages and agreed with the victim; and (d) the Defendant is the most likely to support his wife and his wife, etc.; and (c) other factors of sentencing indicated in pleadings, such as the background of the instant crime; (d) circumstances after the commission of the instant crime; (e) the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion is without merit, given that the lower court’

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.