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부산지방법원 2014.12.12 2014노3630
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below to the defendant is too unhutiled.

2. The crime of this case is deemed to have been committed by the Defendant, using the keys of another Oral Ba, by cutting off 1,00,000 won or more at the market price, by theft without a motor vehicle driver's license, and driving the above Oral Bab. The Defendant has a record of criminal punishment several times, and the Defendant has a record of criminal punishment already been imposed four times or more for the same crime committed by a similar multiple methods. In particular, in light of the fact that the Defendant was sentenced to imprisonment with prison labor for special larceny and violation of the Road Traffic Act on August 6, 2012 and was sentenced to a fine of KRW 10,00,000 on June 5, 2013 and was sentenced to a fine of KRW 30,000 on June 5, 2013 without being sentenced to punishment, even if the execution of the sentence was completed, and thus, the Defendant has committed each crime of this case, and thus, the need to strictly punish the Defendant is considerably high.

However, in full view of the following circumstances: (a) the Defendant recognized each of the instant offenses, and thus, the Defendant’s thefted and returned to the victim, and most of the damages were recovered; (b) the Defendant expressed his intention not to punish the Defendant; (c) the Defendant expressed his intention not to punish the Defendant; and (d) the Defendant’s age, environment, occupation, family relationship; (d) the degree of damage caused by each of the instant offenses; (e) the circumstances leading to each of the instant offenses; and (e) the circumstances before and after the instant offenses, etc., the lower court’s punishment cannot be deemed unreasonable as it is too 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.

Provided, That it shall be ex officio under Article 25 of the Regulation on Criminal Procedure.