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(영문) 대구지방법원 2015.06.18 2014노4218

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and twenty hours of community service) declared by the court below is unreasonable.

2. Although the defendant was placed in the line of indictment or juvenile protective disposition for the same crime, he/she again committed each of the crimes of this case, and the fact that the victims did not reach any agreement is disadvantageous to the defendant.

On the other hand, all of the crimes of this case are recognized by the defendant and against his mistake, the past record of criminal punishment up to now, and the fact that the victims were returned, etc. are favorable to the defendant.

Considering the above circumstances and the circumstances, which are the sentencing as shown in the records and arguments of this case, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below is too unjustifiable and unreasonable.

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

[However, pursuant to Article 25 of the Rules on Criminal Procedure, it shall be corrected that the "victim O (17 years of age)" as stated in paragraph (3) of the crime of the judgment of the court below is changed to "O"]