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(영문) 창원지방법원 2016.12.22 2016노1340
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty (five million won of a fine) of the lower judgment is too unhued.

2. The judgment of the court below is based on the following facts: (a) the defendant had three identical criminal records; (b) the defendant has committed the crime of this case during the suspended execution period due to the obstruction of performance of official duties; (c) although it is recognized that the defendant has committed the crime of this case during the suspended execution period due to the obstruction of performance of official duties, it is recognized that the defendant's mistake and reflects it; (d) the degree of damage is minor; (e) the defendant has agreed with the victims; (c) the defendant is hospitalized with a serious mental illness; and (d) the mental illness is likely to have an impact on the crime of this case; and (e) other matters concerning the sentencing specified in the records and arguments of this case

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

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