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(영문) 대전지방법원 2015.01.28 2014노1642

절도

Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of one million won) sentenced by the court below is too unfluent.

Judgment

The crime of this case was committed by the Defendant, who stolen the victim's right of wrong, and then withdrawn and stolen 90,000 won from the cash withdrawal machine with the physical card located on the same day on the same day. The crime of this case was committed in an interview with the method of crime and the nature of the crime is bad, recidivism was committed in the process of summary indictment with the same content, and delayed the procedure by refusing a request for attendance by the court.

However, in full view of all the circumstances that are the conditions for the sentencing of this case as indicated in the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s above assertion is without merit, given that the Defendant’s punishment is too uneasible and unreasonable.

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.