beta
(영문) 전주지방법원 2015.01.30 2014노1313

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (fine 1,500,000) against the Defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. The crime of this case is determined based on the following facts: the defendant discovered a vehicle parked on the street and opened a door, and stolen cash owned by the victim, and the nature and circumstances of the crime are not less and less severe; the defendant committed the crime of this case even though he had been punished several times due to the crime of larceny or attempted larceny, he also committed the crime of this case; however, the defendant's confession is against the crime of this case; the amount of damage caused by the crime of this case is small amount of 56,00 won; the victim was returned to the victim; the victim did not want the punishment against the defendant; the act of the crime of this case which stolen property after entering the inside a vehicle that was not locked on the street does not seem to be extremely poor; the defendant's health is not sufficient due to mental disorder of Grade 2 disabled persons; the defendant's age, character and behavior, and circumstances, and the defendant's argument that the crime of this case is unfair after considering the following circumstances.

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.