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(영문) 청주지방법원 2019.02.14 2018노1096

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one million won of a fine) declared by the lower court is too unhued and unreasonable.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The defendant was sentenced to six months of imprisonment with prison labor for the crime of assault on August 10, 2017 and two years of suspended execution, and the defendant was sentenced to imprisonment with prison labor for the crime of assault on and after his release, and the defendant had been sentenced to criminal punishment several times due to the same larceny up to now, and the defendant had a record of being subject to criminal punishment for the crime of larceny at the court below. The circumstances alleged by the prosecutor as a ground for sentencing unfavorable to the defendant in the court below seems to have been sufficiently taken into account when determining the punishment in the court below. The defendant shows a attitude against the defendant in depth in the first time of the crime of this case, and there was a very low amount of damage, the victim expressed his intention not to want the punishment of the defendant on the day of this case (Evidence No. 11 of the evidence record) and other various sentencing conditions stated in the records of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence, etc.

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