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(영문) 부산지방법원 2016.06.17 2016노164

The prosecutor's appeal is dismissed.


1. The summary of the grounds for appeal that the court below rendered against the defendant (eight months of imprisonment) is too unhued and unfair.

2. In light of the fact that the Defendant had been punished four times for the same kind of crime, even though he/she had repeated the instant crime during the period of repeated crime, and that he/she has been escape until now, there is a need to punish the Defendant strictly.

However, it is necessary to respect the judgment of the court below because there is no change in the conditions of sentencing compared with the court below because new sentencing materials have not been submitted at the court of original instance. In full view of the following: (a) there is no benefit that the defendant acquired from the crime of this case; (b) the defendant led to the crime of this case from the investigative agency; (c) the elderly; and (d) the circumstances and result of the crime of this case; (d) the circumstances after the crime of this case; (e) the character and conduct of the defendant; and (e) other circumstances that form the conditions

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.