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(영문) 광주지방법원 2016.04.07 2015노2090
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspended sentence and the suspended sentence: imprisonment with prison labor for six months) is deemed to be too unhued and unfair.

2. The fact that the defendant had been subject to juvenile protective disposition three times after the crime of this case is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

Defendant’s mistake is seriously against himself, and the Defendant does not commit another crime.

There are many things.

There was no record of punishment until the commission of the instant crime.

At the time of the crime of this case, the age of the defendant was 15 years of age and was likely to result in a contingent crime.

The damage is relatively minor, and the defendant deposited 3 million won for the victim and made efforts to recover the damage.

In addition, comprehensively taking account of the defendant's age, sex, environment, and other various sentencing conditions as shown in the records and arguments of this case, the prosecutor's assertion is without merit, since the court below's punishment is too uneasible and unfair.

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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