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(영문) 광주지방법원 2020.06.04 2019노1595
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. The Prosecutor’s assertion is not acceptable on the ground that the lower court’s punishment is too unreasonable, in full view of the following factors: (a) the Defendant had a large number of theft records of the same law; (b) committed the instant crime during the repeated crime period; (c) the amount of damage caused by the instant crime was insignificant and the victim was returned; and (d) the Defendant did not want the Defendant’s punishment by mutual consent with the victim; and (c) the Defendant’s punishment was committed in the arguments, such as the Defendant’s age, character and conduct, home environment, motive and circumstance of the instant crime,

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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