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(영문) 대구지방법원 2015.10.22 2015노3221

특정범죄가중처벌등에관한법률위반(절도)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment imposed by the court below (one year and six months of imprisonment) is too unhued.

2. The judgment of the defendant, despite the fact that he had been punished for the same kind of crime, began to commit the crime of this case again in about 2 months after the completion of the sentence, and the frequency of the crime has reached 22 times, and the total amount of damage has not been much than 3,100 won, is disadvantageous to the defendant.

On the other hand, the fact that the defendant recognized all of the crimes of this case and reflected his mistake is favorable to the defendant.

Considering the above circumstances and the circumstances that are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the court below is too unjustifiable and unreasonable.

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

(However, since the application of the law of the court below is obvious that there is an omission of "Article 342" after "Article 329" in the pertinent provision of the law and the part of the choice of punishment for the crime, such addition shall be corrected ex officio in accordance with Article 25 of the Rules on Criminal Procedure.