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(영문) 인천지방법원 2015.02.06 2014노2276

절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, two years of suspended execution, and confiscation) is too unhued.

2. In full view of all the circumstances, including the following: (a) the Defendant was punished once for larceny; (b) the Defendant had been punished once for the crime of larceny; (c) the Defendant committed repeatedly; and (d) the Defendant did not have agreed with the victims; (b) the Defendant recognized each of the crimes of this case; (c) the Defendant was punished by a fine; (d) the Defendant was punished by a fine; (e) the amount of damage was not large; (d) the Defendant was detained for a certain period; (e) the Defendant was detained for a certain period; (e) there was no special circumstance or change in circumstances that may be newly considered in sentencing; and (e) other circumstances, including the Defendant’s character and conduct, environment, relationship with victims, motive and means of the crime of this case; and (e) the circumstances after the crime, etc., the punishment of the Defendant and the records,

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

[However, since the gist of evidence of the original judgment is clear that the "written statement by the prosecution against 1.1" and "written statement by the police against 1.1." are clerical errors, it is corrected that it is deleted ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.]