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(영문) 광주지방법원 2016.04.26 2016노473
야간주거침입절도
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too unfluent and unfair (a prosecutor stated that he/she should be punished by imprisonment with prison labor for three years). The judgment of the lower court is recognized that the Defendant was punished several times for the same kind of crime, and that he/she committed a crime during the period of repeated crime.

However, the number of crimes committed by the defendant is only one time, and the amount of damage is minor to 77,000 won, and the victim is repaid the damage to the victim and the civil and criminal agreement was reached.

In addition, in full view of various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

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.

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