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(영문) 대전지방법원 2016.10.06 2015노4022

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the original judgment is too unfilled and unreasonable.

2. The judgment is an unfavorable circumstance to the Defendant for the following reasons: (a) the Defendant committed the instant crime during the period of repeated crime; (b) committed the instant crime to seek money for gambling; (c) actually used money that was stolen for gambling; and (d) the amount of damage is a large amount.

However, in full view of the following facts: (a) the Defendant is against the Defendant; (b) the Defendant returned the money that the Defendant stolen to the victim; and (c) the victim did not want the above Defendant’s punishment by mutual agreement with the victim, etc.; and (d) other sentencing conditions such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all the sentencing conditions, such as the circumstances after the crime

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