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(영문) 창원지방법원 2018.07.11 2018노988
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the grounds for appeal (the sentence of the lower court: a fine of KRW 3,00,000)

2. On June 13, 2017, the lower court held that the Defendant committed the instant crime even though he/she was sentenced to a two-year suspended sentence of imprisonment with prison labor for larceny at the Changwon District Court on June 13, 2017 and was sentenced to a two-year suspended sentence due to larceny, and that the Defendant would be deemed to have committed the instant crime in a contingent and impulse manner, and that his/her mistake will not constitute re-offending in depth, under the circumstances that the Defendant committed the instant crime even before the said judgment was rendered several times.

The sentence was imposed in consideration of the circumstances favorable to the fact that the instant crime was committed once, the amount of damage caused by the instant crime was minor, and the agreement was reached smoothly with the victim. Other factors such as the Defendant’s age, sex, environment, motive and means of the instant crime, circumstances after the commission of the crime, etc. are considered.

The grounds for unfair sentencing (the majority of the previous forces, the crime during the period of suspended execution, etc.) alleged by the prosecutor are shown to have been sufficiently considered in determining the sentence against the defendant, and otherwise, the above conditions of sentencing have changed.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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