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(영문) 창원지방법원 2018.08.08 2018노997
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of the grounds for appeal (the punishment of the court below: a fine of 300,000 won and a year of suspended execution);

2. Determination

A. In a case where there is no change in the conditions of sentencing compared to 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.

B. The lower court determined a sentence by taking account of the following factors: (a) the Defendant’s history of fine was four times more favorable to the Defendant; (b) the instant crime constitutes small theft (total of 62,850 won); (c) the Defendant’s intellectual disability was the first-class disabled person (first-class and second-class); (d) the circumstances to be considered in the course of the instant crime; (b) the victims do not want the Defendant’s punishment; (c) the Defendant was born in an influent environment; (d) the Defendant was a recipient of basic life; and (e) the need for medical treatment and relief; and (e) other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, sex, environment, motive and means of the instant crime; and (e) the circumstances after the commission of the crime.

(c)

The reason for the court below's improper sentencing, as claimed by the prosecutor, seems to be the reason for the court below's determination of the defendant's punishment, and the above conditions of sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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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