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(영문) 대구지방법원 2019.05.10 2018노4510
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. It is recognized that the Defendant already committed the instant crime during the period of repeated crime, including 14 times of punishment for larceny, and in particular, committed the instant crime during the period of repeated crime, and was highly likely to recommit the instant crime.

However, it is also recognized that the defendant recognized the crime of this case and opposed to the fact that he is aged 71, that he paid 500,000 won to the victim, that the degree of damage to the crime of this case is relatively minor, and that the health of the defendant is not good.

In addition, in full view of the various circumstances, such as the character, conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too uneasible

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

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