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(영문) 대구지방법원 2015.09.17 2015노2892
상습절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. On December 12, 2013, the Defendant was sentenced to imprisonment with prison labor for 6 months and fines for 300,000 won in night, following the completion of the execution of the sentence, on May 3, 2014, the Defendant committed each of the larceny crimes of this case under the same water law again during the period of repeated crimes, which is about 1 month, for which the execution of the sentence was completed, and the responsibility for such crimes is heavy.

Considering the above criminal records of the defendant, the period and frequency of the crime of this case, the necessity for strict punishment of the defendant is recognized.

However, the defendant recognized the mistake of the crime of this case, is in depth and reflects the depth, and following the release, the defendant would not repeat the crime of this case by gathering the mother of the deceased and living together with scambling the deaf.

Although there are a large number of times of crime, the crime of this case is recognized as having been committed by the Defendant since the Defendant was in a vinyl and was not potable, and thus, the amount of damage to each crime is relatively small, and some victims are not wanting to be punished by the Defendant.

In addition, in full view of all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, family relationship, etc. of the defendant, the sentence of the court below cannot be deemed to be too unjustifiable.

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

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