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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. The summary of the grounds for appeal is that the court below's punishment (one year of imprisonment) is too unreasonable for the defendant, and the prosecutor is too uneasible and unfair for the prosecutor.
2. The judgment of the defendant has the record of being sentenced to the suspended sentence for the same crime. It is also necessary to punish the defendant in light of the following: (a) the defendant was sentenced to the suspended sentence for the same crime; (b) the thief committed the larceny against the defendant; (c) as the defendant was able to distinguish him from each of the larceny crimes of this case; (d) the victim committed the theft; and (e) the victim was deprived of money or valuables between her potential victims; (e) the victim was under the influence of alcohol; and (e) using the stolen credit card at least four million won via three times; and (e) the case was serious in light of the vulnerability of the object of the crime, intelligence of the Act on the Punishment of Crimes, and other criminal periods and frequency of the crime; (e) no agreement was reached with the victims; and (e) no effort was made to recover from damage; and (e) there seems to be more severe punishment for the same crime as the thief of this case.
On the other hand, the following should be considered in light of the circumstances favorable to the defendant: (a) there is no history that the defendant was punished for a crime of property or was severely punished in excess of the suspension of execution; and (b) the defendant is deemed to have been engaged in illegal taxi business by using a car to live and live in the workplace; and (c) the defendant seems to have been suffering from the suspicion of each crime of
In full view of the following circumstances: (a) the lower court’s punishment against the Defendant appears to be appropriate; (b) the Defendant is too heavy or unreasonable, taking account of the following factors: (c) the Defendant’s age, character and conduct, occupation and family environment, the background and consequence of the crime; and (d) the circumstances after the crime.