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(영문) 대구지방법원 2018.07.26 2018노1545
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (3 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court rendered the above sentence, taking into account the following circumstances: (a) the Defendant did not engage in the crime of this case during the period of repeated crime, and took into account the fact that the Defendant committed the crime of this case, and the liability for the crime was more severe; (b) the Defendant led to the confession and reflect of the crime of this case; and (c) voluntarily surrenders to the investigative agency by taking account of the circumstances in which the Defendant is faced with, in depth, the Defendant was able to punish the Defendant by taking into account the situation in which the Defendant is faced; (d) the Defendant was able to know the future; (e) the amount of damage is relatively small; and (e)

In addition, even though the defendant has already been subject to a disposition of juvenile protection case several times for the same crime and has been suspended one time, it is doubtful whether or not the defendant is genuine against his past crime.

However, considering the fact that the Defendant voluntarily surrendered to an investigative agency, the total amount of damage is KRW 50,00,000, and the victim is not punished against the Defendant, taking into account favorable circumstances, and taking into account all other factors of sentencing, including the Defendant’s age, sexual conduct, environment, background leading up to the Defendant’s crime, means and consequence, size of the crime, and circumstances after the crime, it cannot be deemed that the lower court’s judgment of sentencing exceeded the reasonable bounds of discretion or maintaining it as it is is unreasonable (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s allegation above is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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