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(영문) 광주지방법원 2015.08.13 2015노1460
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

Judgment

The Defendant committed the instant larceny more than four times repeatedly for three days, and the nature and circumstances of the instant crime are very bad, and the Defendant was guilty of having committed the same offense five times, and in particular, the Defendant committed the instant crime during the period of a repeated crime not for one year after the Defendant was released from the same offense on October 1, 2013.

However, in full view of the following factors: (a) the Defendant’s mistake is recognized by the lower court; (b) the Defendant’s thief crime is against each other; (c) the Defendant’s thief crime is committed, except for a relatively limited one time with minor damage; (d) the Defendant agreed with the victim E; and (e) there is a minor mental disorder to the Defendant; and (e) other factors of sentencing indicated in pleadings, including the circumstances leading up to the instant crime; (b) circumstances after the commission of the crime; and (c) the Defendant’s age, character and conduct, and environment

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, it shall be corrected to add "Seoul District Court Decision 2014Kadan1474 decided January 7, 2015" to the "Supreme Court Decision 2014Da1474 decided January 7, 2015" with the indication of defense counsel

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