beta
(영문) 인천지방법원 2014.07.18 2014노1572

특수절도등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, one year of suspended execution, and forty hours of social service) is too unhued and unreasonable;

2. The crime of special larceny of this case is committed repeatedly by the Defendant, along with the lower court that is an accomplice, repeatedly stolen a bicycle set up in an apartment against many unspecified persons, and the nature of the crime is bad, and the total amount of damage to the crime of this case exceeds 6 million won. Nevertheless, the Defendant did not take measures to recover damage, such as agreement with the victims or deposit of money, etc., which is disadvantageous to the Defendant.

However, in light of the following: (a) the lower court was determined by fully considering the circumstances unfavorable to the Defendant; and (b) the Defendant appears to have no change in circumstances that could change from the lower court’s judgment and punishment; (c) the Defendant was at the time of committing the instant crime; and (d) the Defendant divided the Defendant’s wrong facts through the prison life for approximately two months; (d) the Defendant did not have been sentenced to a fine; and (e) other various sentencing conditions in the records and arguments, such as the Defendant’s age and happiness environment; and (e) the circumstances before and after the commission of the crime, etc., the Defendant’

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.