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(영문) 서울중앙지방법원 2014.07.10 2013노3961

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) of the lower court’s sentencing (a fine of two million won) is deemed to be too unhued and unfair.

2. The Defendant, around July 201, was punished by a fine as a result of larceny under the same law, and the Defendant repeatedly committed the instant crime and disposes of the damaged goods. However, the Defendant had no record of having been punished by imprisonment without prison labor or any heavier punishment. Two times among the instant crime was committed, and the remaining one time was temporarily returned to the victim, taking into account the following circumstances: the Defendant’s age, character and behavior, environment, motive and background of the instant crime, means and method of the crime, and circumstances after the crime, etc., the Defendant’s argument and the records are not deemed to be unreasonable since the sentence imposed by the lower court is too unreasonable. Accordingly, the Prosecutor’s assertion is without merit.

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 groundless. It is so decided as per Disposition.