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(영문) 춘천지방법원 강릉지원 2014.12.02 2014노465

강도예비등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor, three years of suspended execution, probation, and 120 hours of community service order) of the lower court is deemed to be too uneasible and unfair.

2. The fact that each of the instant crimes was planned, the risk of the instant crime itself requires strict punishment, and the fact that the victims did not agree with the victims is disadvantageous to the Defendant.

On the other hand, the fact that the defendant is led to the crime, the victim E is not subject to punishment for the defendant, and there is no record of punishment for violence.

In full view of the sentencing conditions indicated in the instant case, including the aforementioned various circumstances, including the Defendant’s age, occupation, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too unjustifiable and unreasonable.

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.