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(영문) 광주지방법원 2016.05.03 2016노689
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unfluent and unfair (the prosecutor stated that the Defendant should be punished by imprisonment with prison labor for one year). It is recognized that the Defendant did not agree with the victims.

However, the defendant is in depth divided into crimes, and the amount of damage caused by the crime is not so significant.

In addition, the defendant had been punished twice due to the larceny, but has been punished for more than 30 years, and there has been no record of punishment as the same crime as the crime in this case.

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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