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(영문) 광주지방법원 2013.09.11 2013노1167
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of suspended execution in one year and six months, and three hundred hours of probation and community service) of the lower court is deemed to be too uneasy and unfair;

2. The crime of this case was committed six times more than KRW 6,50,00,00, which stolens trees and construction site signboards, etc., and the case is not less than that of the defendant, and the defendant has a criminal record of a fine for the same kind, and the defendant has not been agreed with the victims until this court is a disadvantageous condition.

However, in full view of the following circumstances: (a) the Defendant recognized his mistake; (b) deposited KRW 3 million for the time of taking part in the victim; (c) partially returned the damaged goods; (d) the Defendant has no previous conviction for the same kind of crime above the suspended sentence; and (c) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime; (b) circumstances after the instant crime; (c) the Defendant’s age, character and conduct; and (d) the Defendant’s age, character and environment, etc.,

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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