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(영문) 부산지방법원 2015.12.10 2015노3151

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two million won of a fine) is deemed to be too unhued and unfair.

2. The judgment of the defendant has a record of being punished for the same kind of crime several times, and in particular, the defendant committed the crime of this case without being aware of the fact that he/she was sentenced to a suspended sentence for the same kind of crime even though he/she was under the suspension period, and without being aware of the fact that he/she committed the crime of this case, in light of the circumstances unfavorable to the defendant, or the fact that the defendant recognized all the crime of this case and is in profoundly against his/her wrongness, and the amount of damage, etc., the case is relatively less light in light of the case, and immediately after being discovered to the employee of the victim, the amount of damage is paid and the damaged goods are purchased regularly, and the suspended sentence imposed on the defendant is invalidated if he/she sentenced to imprisonment. This seems to be too harsh to the defendant, and in light of the motive and circumstance of the crime of this case, the circumstances after the crime of this case, the defendant'

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.