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(영문) 대전지방법원 2016.07.20 2016노1288
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 (eight million won in penalty) is too unhued and unreasonable.

2. The thief of this case’s thief is not subject to the Defendant’s liability in light of the following circumstances: (a) theft of the key of the bathing bath object and repeatedly steals the objects of the bathing bath customers; (b) repeatedly steals the crimes in the same manner; and (c) the number of victims is bad; (d) repeating the crimes; and (e) criminal punishment and juvenile protective disposition by committing the same kind of crime.

However, there are also circumstances that can be considered, such as the fact that the Defendant was fully aware of the instant crime, the fact that the said victims do not want the punishment of the Defendant, the full repayment of the amount of damage caused by the fraud, and the fact that there was no record of punishment due to the fraud.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the commission of the crime, the lower court’s punishment cannot be deemed unfair because it is too uneasible.

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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