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(영문) 대구지방법원 2018.11.21 2018노3144
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. In full view of all the sentencing conditions set forth in the records and arguments of the instant case, including the following: (a) the Defendant was sentenced to three years and six months of the suspended sentence on October 27, 2017 to a special robbery at the Busan District Court on the grounds that he/she was sentenced to three years and six months of the suspended sentence; and (b) the Defendant again committed the instant crime without being subject to the suspended sentence, which became final and conclusive on November 7, 2017; (c) the Defendant’s damage restoration or failure to agree on the instant crime; and (d) the Defendant’s unfavorable circumstances that the Defendant committed the instant crime; and (d) the Defendant’s injury to the victim was not higher than 3.80,00 won; and (e) the sentence imposed upon the Defendant may be too harsh due to the invalidation of the suspended sentence; and (e) other conditions favorable to the Defendant’s age, sex, environment, family relationship, motive and means of the instant crime, and the circumstances after the commission of the crime.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion that the prosecutor's punishment imposed by the court below is too uneasible and unreasonable, as the prosecutor asserts.

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 appeal is without merit. It is so decided as per Disposition.

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