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(영문) 광주지방법원 2015.11.12 2015노724
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (two years of suspended execution for one year of imprisonment, two years of probation, and one hundred and sixty hours of community service) is deemed to be too unhued and unfair.

Judgment

Each of the crimes of this case is an unfavorable sentencing factor, such as: (a) the defendant committed a theft of a motor vehicle, etc. or repeated intrusion theft against the same victim by habitually combining them; and (b) the victim is a majority of the victims; (c) the crime is very poor by interview and interview; and (d) the defendant has a history of receiving multiple juvenile protective disposition due to the same kind of crime.

However, considering the fact that the defendant is recognized as all of his criminal acts, the defendant is against the victim V, H, X, G, Y, Y, U, I, T and the original agreement, the defendant deposited KRW 300,000 for the victim N andO, the defendant's intellectual disorder, and the social norms lack understanding of social norms, etc., and the defendant still has no record of criminal punishment other than juvenile protective disposition, etc., it is a favorable factor for sentencing. In full view of the circumstances of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, and environment, it is not recognized that the court below's punishment is too unreasonable. Thus, the prosecutor's assertion is without merit.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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