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(영문) 대구지방법원 2018.11.14 2018노3725
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unfasible and unfair.

2. The Defendant was subject to a protective disposition under juvenile law due to larceny, etc., and committed the instant crime even if he was subject to a protective disposition under juvenile law due to larceny, etc. prior to the instant case, and again committed the instant crime.

Damage has not been recovered.

However, if the defendant repeatedly commits larceny, it is also necessary to prepare living expenses, and there was an error in the poor family environment.

I seem to appear.

The defendant is a student who intends to return to his/her old age, and is detained for about four months in this case, and will not repeat again in the future.

As such, it would be better to give the defendant an opportunity to adapt to society last, who has reached an adult age.

The decision is judged.

In addition, in full view of the Defendant’s character and conduct, motive and background of the offense, means and consequence, circumstances after the offense, and all the conditions of sentencing as shown in the instant records and pleadings, the sentence imposed by the lower court was proper and the judgment of the lower court exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion that the prosecutor's punishment imposed by the court below is too uneasible and unreasonable, as the prosecutor asserts.

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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