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(영문) 대구지방법원 2015.01.22 2014노4355
절도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant is too unfasible and unfair.

2. The fact that there was a history of punishment several times due to the same kind of crime, and that there was no agreement with the victim, etc. are disadvantageous to the defendant.

However, there is no significant damage to the victim by committing the larceny committed by the defendant, and the criminal records of the latter concurrent crimes of Article 37 of the Criminal Act are criminal records of the defendant, and the criminal records of the above criminal records are to be judged simultaneously in accordance with Article 39(1) of the Criminal Act due to the same crime as the attempted larceny of this case and to consider equity in the case of the defendant.

In full view of these circumstances, Defendant’s character, character, intelligence, environment, etc. and the conditions of sentencing as shown in the pleadings, the prosecutor’s assertion is without merit, since the sentence imposed by the court below 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 on the ground that it is without merit. It is so decided as per Disposition.

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