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(영문) 광주지방법원 2016.10.05 2016노890
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment and one million won of fine for probation, probation, community service, etc.) declared by the court below is too unfased and unreasonable.

2. The number of the crimes of this case to be determined is high, and the quality of the crimes is not good.

There is a record of being punished by a fine for the same crime in 2015.

On the other hand, the defendant's age is old and reflects his depth, and the defendant's mistake is not likely to distort it again.

Some damaged goods were returned to the victim.

In addition, comprehensively taking account of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the sentence imposed by the lower court is too uneasible and unreasonable.

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

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