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(영문) 대구지방법원 2018.04.06 2017노5760
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered against the defendant is too unfasible and unfair.

2. The judgment of the Defendant has a record of having been punished several times for the same crime, and in particular, on August 17, 2016, he/she was sentenced to one year of imprisonment with prison labor for larceny, etc. and on June 7, 2017, he/she did not have been aware of the fact that he/she committed each of the instant crimes and committed each of the instant crimes only ten days, even though the execution of the sentence was completed, and that the victims’ damage has not been recovered until now.

On the other hand, the fact that the defendant led to the confession of each of the crimes in this case and reflects his mistake, that part of the crime is committed against attempted attempts, that the defendant seems to need medical treatment, such as the disabled in Grade 3 of intellectual disability and the redemption, that there are children who should take care of, and that the mother of the defendant want to take care of, the defendant's wife.

In full view of the above circumstances and other factors, including the Defendant’s age, sex, environment, family relationship, motive for committing a crime, means and consequence of a crime, and the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee, the sentence imposed by the lower court is too uneasible and unreasonable.

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

[Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, each of the following parts of the original judgment shall be corrected ex officio:

The judgment below

Article 342 and Article 329 of the former sentence shall be revised as “Article 342 and Article 329 of the Criminal Act” of the former sentence No. 15 of the former sentence No. 2, and Article 342 of the former sentence shall be revised as “Temporary” of the latter sentence No. 6 No. 5 of the List of Offenses No. 5 of the Criminal Act, “No. 02:00 on September 3, 2017,” and “No. 02:00 on September 4, 2017.”

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