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(영문) 대전지방법원 2014.02.13 2013노2695

절도

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unhued and unfair.

2. The judgment of the court below has the record of being sentenced to a suspended sentence of imprisonment or imprisonment for the same crime, and the crime of this case is committed during the period of repeated crime due to the same larceny, although it is recognized that the defendant committed the crime of this case. Meanwhile, considering the following factors: the defendant led to the confession and reflect of the crime of this case; the degree of damage is not relatively large; the victim was returned to the victim; and other sentencing conditions such as the defendant's age, character and conduct, environment, and circumstances after the crime, it is difficult to view that the sentence of the court below is too unreasonable

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