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(영문) 부산지방법원 2015.01.30 2014노3846
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of a fine of KRW 500,00,000, imposed by the court below, is too unfilled.

2. The crime of this case is acknowledged by the following circumstances: (a) the Defendant, using a cre in which the victim’s surveillance was neglected, loaded high water equivalent to KRW 280,00 in total among the cargo owned by the Defendant and stolen them by means of escape; and (b) the nature of the crime was bad in light of the method of crime, etc.; and (c) the Defendant did not reach an agreement with the victim so that

On the other hand, there are also circumstances such as the fact that the defendant recognized the crime of this case, the amount of damage is against the defendant, the amount of damage is not much severe, the fact that there is no record of criminal punishment once of the same crime, the fact that there is no record of criminal punishment after 2011, the fact that there is no good health due to the check, the revolving power failure, and the infection, and that there is a situation that is economically difficult for basic living beneficiaries, the fact that the wife who is a class 3 disabled person, and many neighbors want to take care of the defendant, and that many neighbors want to take care of the defendant.

Considering the above circumstances comprehensively taking into account the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime, and various circumstances that form the conditions for sentencing as indicated in the record, such as the circumstances before and after the instant crime, the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

Therefore, 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 as it is without merit. It is so decided as per Disposition.

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