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(영문) 광주고등법원 2016.08.11 2016노182
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unfluent and unfair.

2. The crime of this case is determined based on the following: (a) the Defendant’s potent and intrudes into another’s residence over 11,553,00 won in total by using a mono and then steals the entrance, thereby thefting or falling short of the market value; (b) the frequency of the crime is large; and (c) the method of the crime is very professional, and the nature of the crime is considerably poor.

In addition, even though the defendant was punished several times due to the same crime, he again committed the crime of this case. However, there are extenuating circumstances such as the defendant's voluntary confession of the remaining crime while being arrested by the crime No. 6 of the daily list of crimes attached to the judgment below, which led to the crime of this case. The defendant has agreed to return to normal members of society, such as obtaining some of the victims and obtaining various kinds of certificates of qualification during the detention of this case, and the defendant is performing voluntary activities for the inmates in the same case.

In full consideration of various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, background of the instant crime, and circumstances after the instant crime, the prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and it cannot be deemed unfair to the extent that it should be reversed.

3. The appeal by the prosecutor of the conclusion is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor is groundless.

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