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(영문) 인천지방법원 2014.09.18 2014노2779
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) imposed by the court below on the defendant is deemed to be too unhued and unfair.

2. In light of the circumstances that are the conditions for sentencing under Article 51 of the Criminal Act, such as the suspension of the execution of imprisonment, the fact that the crime in this case is not good, the number of crimes is many, the number of victims is many, and the defendant has many records of the same kind of crimes, etc., or the fact that the defendant is led to confession and reflect against the crime in this case, the amount of damage is not significant, the victims do not want punishment against the defendant, a considerable number of victims are not yet 20 years old, the defendant has not yet reached 20 years old, and the intellectual disability 3rd, and the court below ordered community service for 200 hours while suspending the execution of imprisonment, and other circumstances that are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records, such as the defendant's age, character, behavior and environment

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.

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