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(영문) 대구지방법원 2020.04.01 2019노2559
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of one million won, a fine of seven million won) imposed by the court below on the defendant is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The fact that the Defendant committed the instant crime during the period of probation, and that many victims are disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the time of committing a crime; (b) the accused is aware of the need for mental diagnosis and treatment rather than detention; (c) the accused is not willing to be punished for the accused by mutual consent with all victims; and (d) the accused’s age, character, character, environment, family relationship; (b) circumstances leading to committing a crime; (c) circumstances leading to a crime; (d) the means and consequence; and (e) the circumstances after committing a crime, etc., all the sentencing conditions in the records and arguments of the instant case are considered, such as the accused’s age, character and behavior; (d) the background leading up to the crime; and (e) the sentencing judgment of the lower court

Therefore, since the court below’s punishment is too uneasible and unreasonable, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal 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.

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