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(영문) 광주지방법원 2015.09.17 2015노2075
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the court below (one year and two months of imprisonment) is too unhued and unfair.

Judgment

The crime of larceny repeatedly committed by the same victim two times, and the nature and circumstances of the crime of this case are bad, and the defendant has been criminal records for the same crime of this case six times, and in particular, the defendant committed the crime of this case during the period of repeated crimes not committed for five months since he was released from the same crime on December 7, 2013.

However, in full view of the following factors: (a) the Defendant’s mistake and reflects the Defendant’s misunderstanding; (b) the Defendant’s thief crime is relatively weak or attempted; (c) the victim does not want punishment against the Defendant; and (d) the Defendant is physically handicapped; and (c) other factors of sentencing are favorable to the Defendant. In full view of the circumstances leading up to the instant crime; (d) circumstances after the commission of the crime; and (e) the Defendant’s age, character and conduct, and environment, the Prosecutor’s assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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