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광주지방법원 2018.12.05 2018노1724

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Determination Doctrine, Defendant was sentenced to imprisonment with prison labor for larceny, etc. in the year 2016 and was released from prison due to theft, etc., and the fact that Defendant again committed the instant crime is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant did not repeat the offense; (c) the father of the Defendant took the direction of the Defendant to the court of the original instance; (d) submitted a written application for the Defendant seeking the Defendant’s wife; (c) the Defendant agreed with the victim of larceny; and (d) the Defendant’s intellectual disability 3 position, etc.; and (e) there are no particular changes in the sentencing conditions compared with the lower court’s judgment, the lower court’s punishment is too uneasible and unreasonable; and therefore, the Prosecutor’s aforementioned assertion is without merit.

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