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(영문) 전주지방법원 2014.03.28 2013노1196
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (2,00,000 won of fine) against the Defendant as to the summary of the grounds for appeal is too unhued and unreasonable.

2. In light of the fact that the crime of this case was committed on the street by the defendant discovered a car parked on the street and opened a door to cut off cash owned by the victim, and the nature and circumstances of the crime are not less and less severe, and the defendant committed the crime of this case even though he had been punished three times due to the crime of larceny or attempted larceny, even though he had the record of punishment, the crime of this case constitutes the crime of this case, it is necessary to punish the defendant. However, while the defendant shows an attitude against the defendant in the confession of the crime of this case, the amount of damage caused by the crime of this case is smaller than 7,730 won, the victim recovered the total amount of damage, and expressed his intention that the defendant would not want the punishment against the defendant, the defendant suffers from spine disability with the disabled of Grade II, the defendant was employed on around December 2, 2013, and the defendant's age, character and behavior, environment, family relationship, etc. after the crime of this case, the above assertion by the court below is 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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