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(영문) 광주지방법원 2016.04.05 2016노286
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. It is recognized that the Defendant committed the crime during the period of repeated crime even though he/she had been punished several times for driving without a license or theft.

However, the Defendant, while under the influence of alcohol, stolen the victim's vehicle without any reason and operated the vehicle, and thus, the Defendant committed the crime extremely contingent, and attempted not to commit the crime again with the depth of the crime.

In full view of the following circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., and other circumstances that form the conditions for sentencing as indicated in the instant records and the theory of changes, such as the circumstances after the crime, etc., the lower court’s sentence against the Defendant is too uneasible and unfair. Thus, the prosecutor’s above assertion is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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