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(영문) 대구지방법원 2017.09.27 2017노2971

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (two years and six months of imprisonment) on the summary of the grounds of appeal is too unfased and unreasonable.

2. The judgment of the court below reveals that each of the larceny crimes of this case was committed by the defendant after having come to the victim's house and stolen cash, etc., and it is not good to the nature of the crime in light of the content, frequency, and method of the crime. The defendant driving Matoba and caused a traffic accident while causing the victim's injury. The amount of damage caused by each of the larceny crimes of this case is more than 32.9 million won. The victim's injury was serious due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents. The defendant did not agree with the victims of each of the crimes of this case, and the victim's injury was not recovered. The defendant was punished several times for the same larceny, and the defendant had been sentenced to three years of imprisonment for robbery, etc., and in particular, on September 29, 2016, the Daegu District Court sentenced a repeated crime to imprisonment on September 29, 2016.

However, in light of the favorable circumstances such as the Defendant’s confession of each of the instant crimes and the fact that the Defendant’s health condition is not good, the Defendant is under trial at this court (2017 order 3612) due to the Defendant’s violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, means and consequence, and all of the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the instant crime, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence is too uneasible.

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