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(영문) 대구지방법원 2019.05.31 2019노3
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of four million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant has a criminal record of criminal punishment several times due to the same and different crimes, and in particular, the defendant committed the crime of this case without being aware of the fact that he/she committed the crime even though he/she was under suspension of execution due to the same kind of crime

On the other hand, however, considering the favorable circumstances such as the defendant's confession of the crime of this case, the amount of damage is not so significant that the victim does not want the punishment against the defendant, and the defendant appears to endeavor to prevent re-offending, such as hospitalization at a mental hospital to treat alcohol diseases, etc., and other sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime of this case, circumstance after the crime, etc., the court below's punishment cannot be deemed unfair. Thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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