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(영문) 청주지방법원 2015.10.15 2015노748
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year and six months of imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

As stated in the first head of the crime committed in the judgment of the court below, the Defendant started the instant crime during the period of repeated crime for which one month has not passed since the suspended sentence was sentenced once to imprisonment, six times imprisonment, or one month after having been sentenced again.

The defendant may not steals property exceeding two million won over four occasions and may not be deemed to have little scale of damage.

The defendant has not compensated or agreed on damages for the victims.

However, the defendant has the following favorable circumstances.

The Defendant confessions all of the crimes of this case, and is against the law.

The method of larceny by the defendant is not corrected, and the degree of infringement of legal interests is low compared to the method of larceny by opening a door of a vehicle or a vinyl house, and by using property, and by other larceny crimes.

Some of the stolen goods of the defendant were temporarily returned to the victim.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant arguments and records, such as criminal records, the lower court’s punishment is deemed unreasonable.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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