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(영문) 광주지방법원 2016.11.01 2016노3601
상습야간주거침입절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main sentence of the grounds for appeal (four months of imprisonment) of the lower court is too unhued and unreasonable;

(The prosecutor stated his opinion that the defendant should be sentenced to imprisonment with prison labor for a year and six months). 2. The judgment does not have property value for stolen objects, and the victims agreed to the original extent, and there is no history of imprisonment with prison labor.

In addition, the defendant seems to have stolen female clothes repeatedly due to low recognition ability and impulse adjustment difficulties, which is related to the defendant's mental illness, and in fact, it is possible to receive constant treatment and endeavor to prevent recidivism.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all the sentencing conditions in the instant case, such as the circumstances after the crime, it cannot be deemed that the Defendant’s imprisonment for a period of four months as determined by the lower court is too uneasible and reversed.

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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