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(영문) 수원지방법원 2014.04.10 2014노1035
특수절도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence of the lower court (for six months of imprisonment: confiscation; Defendant B: imprisonment with prison labor for six months; suspended execution for two years; probation; and community service order 120 hours) is deemed too unfasible and unreasonable.

2. The judgment of the defendant A has a criminal record of having been sentenced three times to imprisonment for the same crime; the defendant B committed the crime of this case during the period of repeated crime of the same crime; the defendant B was sentenced to imprisonment twice for the same crime; the defendant B had a criminal record of a fine one time; the crime of this case was planned to commit the crime of this case, which is disadvantageous to the defendants.

However, considering the fact that the Defendants are against their own crimes and divided, the crimes of this case are committed in attempted crimes, the victims do not want punishment against the Defendants, the health of the Defendants A, their wife, and their descendants is not good, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the age, character and conduct, and environment of the Defendants as shown in the records and arguments of this case, the sentence of the lower court against the Defendants is too uneasible 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.

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