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(영문) 광주지방법원 2016.10.13 2016노2283
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (10 months of imprisonment and the return of victims) is too unhued and unreasonable;

2. The judgment below rendered a sentence in consideration of the circumstances favorable to the defendant, such as: (a) the defendant was punished several times for the same crime; (b) the defendant committed the crime of this case before the execution of imprisonment for the same crime has been completed; and (c) there is no circumstance that the defendant made any effort to recover from damage; and (d) the defendant seems to recognize and reflect the crime of this case; (b) the value of the stolen money or goods is not large; and (c) some of the damaged goods are to be returned to the victims.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively taking into account the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unreasonable to maintain the lower court’s determination of sentencing as it is.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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