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(영문) 대구지방법원 2020.06.12 2019노5163

절도미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the defendant committed each of the crimes of this case without being aware of the fact that he/she was in office for a repeated crime due to a crime of different species, and the fact that he/she committed some of the crimes of this case during the investigation of the preceding crime is disadvantageous

However, in full view of the following circumstances: (a) the injured party’s amount of damage is relatively small; (b) the Defendant appears to have committed each of the instant crimes in the economically lacking circumstances; and (c) there are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the lower judgment; and (d) other circumstances that form the conditions for sentencing specified in the pleadings of the instant case, including the Defendant’s age, character and conduct, environment, family relationship, motive for committing the crime, means and consequence of the crime; and (b) the circumstances after committing the crime, etc., it cannot be deemed that the lower court’s sentence is too un

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.