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(영문) 광주지방법원 2015.07.15 2014노2710
특수절도
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The lower court’s punishment (two years of suspended sentence in six months of imprisonment) against the Defendants on the summary of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is deemed too unhued and unreasonable.

2. The judgment of the Defendants committed a theft of property by entering a senior citizen center, etc. for three consecutive days and the quality of the crime is not good. In particular, in the case of Defendant B, there are disadvantageous circumstances such as the fact that the Defendants received juvenile protective disposition twice the same kind of crime. However, in light of the favorable circumstances such as the Defendant A’s age and wrong recognition of the juvenile protective disposition, and the victim F’s damage is relatively minor, and in the case of Defendant A, the circumstances of the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, the prosecutor’s assertion is without merit, and thus, it is not deemed unfair for the Defendants to have imposed each sentence too much.

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

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