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(영문) 대구지방법원 2019.07.19 2019노1905
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment) is too unhued and unfair.

2. On September 21, 2018, the Defendant was sentenced to a two-year sentence of suspension of the execution of imprisonment with prison labor for larceny on August 21, 2018. It is recognized that the Defendant committed the instant crime during the period of suspension of the execution of the sentence, and that there was ten times including the other previous criminal records and the other criminal records

However, it is also recognized that the defendant recognized all of the crimes of this case, agreed with the victim C of the larceny crime of this case on January 9, 2019, and the damaged vehicle of the larceny crime of this case on January 10, 2019 was returned to the victim E, and if the sentence of this case is finalized, the defendant should additionally serve eight months of the suspended imprisonment.

In addition, in full view of the following circumstances: Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc.; and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court is deemed unreasonable because the sentence imposed by the Defendant is too uneasible.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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