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(영문) 부산지방법원 2014.12.11 2014노3808

야간건조물침입절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the court below is reasonable in light of the following circumstances: (a) the Defendant’s previous convictions are identical to the Defendant; and (b) the instant crime is committed during the same kind of repeated crime; (c) the Defendant is against the Defendant’s unfavorable condition; (d) the case is relatively minor; (e) the Defendant’s growth environment and living environment are weak; and (e) the Defendant suffers from livering; and (e) there is no change in circumstances that may be considered otherwise after the decision of the court below; and (e) other various circumstances that are the conditions for sentencing specified in the instant case, such as the motive and circumstances leading up to the instant crime;

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.