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(영문) 광주지방법원 2016.09.29 2016노1898
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The following determination is an unfavorable circumstance to the Defendant.

The defendant has a record of criminal punishment on several occasions due to the theft of a similar law.

Moreover, the crime of this case has been committed in addition to the period of repeated crime due to the same crime without any awareness of the crime.

No effort was made to recover damage.

It is necessary to strictly punish the accused in light of the criminal behavior behavior and the attitude of lack of compliance consciousness.

On the other hand, the fact that the defendant reflects his mistake, some damage was recovered, and that the value of the stolen goods is relatively small.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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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