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(영문) 대전지방법원 2016.01.22 2015노1483

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (the imprisonment of eight months and the suspension of the execution of two years) is too unhued and unfair.

2. The crime of this case is a matter of theft of cash stored in the above gas station while the defendant had been employed as an employee in the gas station despite his previous conviction in the same kind of crime, and is not less than that of crime.

On the other hand, there are extenuating circumstances such as the confession of all crimes in investigative agencies and the amount of damage not so much.

In addition, considering all of the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, family relation, living environment, details and result of the crime, and circumstances after the crime, the lower court’s punishment is adequate.

3. The appeal by the prosecutor of the 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.