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(영문) 광주지방법원 2014.11.05 2014노1105
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, one year of confiscation) of the lower court is deemed to be too uneasy and unfair.

2. In light of the following circumstances: (a) the Defendant had been punished for a suspended sentence of imprisonment due to the commission of larceny under the several laws identical to the instant case around 2010; (b) the total market value of the stolen goods of the instant crime was not at least nine million won; (c) on the other hand, the Defendant recognized his/her mistake; (d) the Defendant was seized at the cost of disposing of the stolen goods; and (e) the Defendant returned KRW 2 million to the victim; and (e) the Defendant agreed to repay the amount of KRW 3.5 million to the victim; and (e) other favorable circumstances, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the commission of the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is deemed unreasonable, and thus, the Prosecutor’s assertion is without merit.

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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