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(영문) 광주지방법원 2019.05.16 2019노703
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (three years of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. The following facts are the circumstances unfavorable to the Defendant: (a) the crime due to Bophishing is very poor in the nature of the crime; (b) the personal and social harm is serious; (c) the instant crime takes a large part of the crime as a means to realize the benefit of the crime; (d) the Defendant appears to have entered the Republic of Korea for the purpose of the crime by abusing visa exemption; (e) the victim B and F did not recover damage; and (e) the possibility of recovery appears to exist.

On the other hand, the fact that the defendant confessions the crime and reflects the mistake, and the victim H's damaged goods have been returned to the victim is a favorable condition.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

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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