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(영문) 광주지방법원 2017.05.18 2017노1239
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (one year of imprisonment) by the lower court is too unfilled and unreasonable.

2. The judgment of the defendant has the record of being punished three times for the same crime, and the fact that the victims are many victims is disadvantageous to the defendant even though the defendant was committed with a repeated crime for the same crime.

However, considering the fact that the Defendant recognized the entire mistake of the Defendant, the victims’ damage is not relatively large, and some victims do not want the Defendant’s punishment, and other circumstances indicated in the instant argument, such as the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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