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(영문) 광주지방법원 2016.10.04 2016노446
절도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the lower court (six million won of a fine) is too unhued and unreasonable;

(2) In full view of all of the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive and means of crime, consequence, etc., as well as the situation after the crime, the lower court’s sentence against the Defendant cannot be deemed to be unreasonable, in so determining, by taking account of the following factors: (a) the Defendant committed a single-time crime and did not actually cause damage due to an attempted crime; and (b) the victim stated that he was not punished by the Defendant; and (c) the victim made a statement that he was not injured.

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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