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(영문) 광주지방법원 2017.12.12 2016노4447
상습절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each of the lower courts’ respective punishments (three years of suspended execution, observation of protection, Defendant B’s observation of suspended execution in one year of imprisonment with prison labor, one year and six months of suspended execution, three years of suspended execution, and one year and six months of imprisonment with prison labor) is too uneasy and unfair

2. The Defendants, using cargo vehicles, stolen approximately KRW 1,300,000 via the organic acid storage amounting to KRW 5.2 million, and thus, the method of crime is not good, as well as the amount of damage is large, and Defendant A was driving without a license, and Defendant B was punished three times as a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief).

However, all victims, other than one victim, who have returned the damaged goods, do not want to be punished against the Defendants.

In addition, considering the various circumstances, such as the defendant's age, sex, environment, motive, method, and consequence of the crime, as shown in records and pleadings, the sentence of the court below is only within the scope of reasonable discretion, and is too weak.

It is difficult to see it.

Therefore, prosecutor's assertion is not accepted.

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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