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(영문) 광주지방법원 2016.01.27 2015노2174
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for one year of imprisonment and one million won of fine, one million won of protection observation, and one hundred and sixty hours of community service order) is too uneasy and unreasonable.

2. Even though the Defendant was subject to criminal punishment due to multiple violence, theft, or a disposition of juvenile protective disposition or suspension of indictment, it is unfavorable for the Defendant to have committed each of the crimes of this case, and the liability for such crime is not less strict, and the victims’ damage has not been recovered.

However, in full view of the circumstances that are favorable, such as the fact that the defendant recognized his mistake and reflects, and that the defendant is able to faithfully live in the future, there is no criminal record exceeding the fine, and that part of the thief's damage was returned to the victims, etc., and other various sentencing conditions specified in the arguments of this case, such as the background of the crime of this case, the circumstances after the crime, the circumstances after the crime, the age of the defendant, the age of the defendant, sexual behavior, and the environment, the prosecutor's above assertion is without merit.

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

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