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(영문) 광주지방법원 2017.11.16 2017노747
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two months of imprisonment) is too unhued and unreasonable.

2. The judgment has a record of having been punished several times for the same crime, and the fact that the defendant committed the crime of this case during the period of repeated crime is disadvantageous to the defendant.

However, considering equity in the case where a judgment was rendered concurrently with a crime of violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) in the judgment of the court below in relation to concurrent crimes after Article 37 of the Criminal Act, the prosecutor’s assertion is not acceptable on the ground that the sentence of the court below is too uneasible and unreasonable.

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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