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(영문) 광주지방법원 2018.10.18 2018노529
절도
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. The Defendant committed the instant crime even though he/she was punished several times for the same crime and was in office for a repeated crime resulting therefrom, etc. is disadvantageous.

On the other hand, the fact that the defendant recognizes and reflects his mistake, the fact that the damaged articles were returned and the damage was almost recovered due to the restoration, and the fact that the defendant is the disabled in the third degree of intellectual disability is favorable.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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