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(영문) 부산지방법원 2015.09.24 2015노2439
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and ten months of imprisonment) of the lower court is deemed to be too unhued and unfair.

2. The judgment has a large number of the defendants with the same kind of power, thereby leading to the instant crime during the period of repeated crime, the number of theft and defraudation is high, and the amount of damage is considerable, etc. that are disadvantageous to the defendant.

However, in light of the fact that the defendant confessions the crime of this case, living penalty, the fact that the damaged goods were temporarily returned to the victims, and the defendant currently is currently preparing to work at the Port Logistics Center after completing one year and October's prison life at the court below, and the defendant's will and effort to return to a healthy member of society is forced to attend the workplace when being detained again, and it goes against the edification function as one of the important purposes of criminal punishment. In addition, considering the defendant's age, character and behavior, intelligence and environment, relationship with victims, motive, means and consequence of the crime of this case, circumstances after the crime of this case, etc., the punishment of the court below is appropriate.

Therefore, prosecutor's assertion is without merit.

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

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