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(영문) 대구지방법원 2017.11.03 2016노3583
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (one million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The instant case is an unfavorable circumstance where: (a) the Defendant conspireds with his accomplice while residing in the room by leasing the room from the injured party; or (b) embezzled the office fixtures in the room room on three occasions on three occasions; (c) the Defendant did not agree with the injured party; and (d) the Defendant appears to have not recovered from the injured party’s damage.

However, it is favorable that the Defendant led to the confession of each of the crimes of this case, and the amount of damage caused by the crime of this case is not so significant, and the Defendant appears to have committed each of the crimes of this case in a situation where it is difficult for the Defendant to live, and the Defendant has no record of criminal punishment prior to the instant case.

In addition to the above circumstances, considering the Defendant’s age, sex, environment, motive and background leading to the instant crime, its means and consequence, etc., and all of the sentencing conditions indicated in the instant case records and arguments, such as the circumstances after the commission of the crime, the sentence imposed by the lower court does not seem to be unfair 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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