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(영문) 광주지방법원 2015.12.24 2015노724 (1)
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (two years of probation, probation, community service, 160 hours of imprisonment for ten months) is too unhued and unfair.

Judgment

Each of the crimes of this case is an unfavorable sentencing factor, such as the following facts: (a) each of the crimes of this case committed jointly by the defendant, (b) theft of automobiles, etc. or repeated intrusion theft by the same victim; (c) the victim is a majority; and (d) the nature of the crime is bad; and (d) the defendant has been subject to the suspension of indictment twice due to the same type of crime

However, considering the following as a whole: (a) the fact that the Defendant is recognized as all of his/her criminal acts; (b) the Defendant has intellectual disorder and lacks understanding of social norms, etc.; and (c) the fact that the Defendant has no record of criminal punishment yet to be subject to criminal punishment, etc., it is a favorable factor for sentencing; and (d) other various sentencing materials, including the background of the instant crime; (b) the degree of the Defendant’s participation; (c) the circumstances after the commission of the crime; and (d) the Defendant’s age

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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