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(영문) 인천지방법원 2015.07.10 2014노4848
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment, two years of suspended execution, and forty hours of social service) is too uneased.

2. It is recognized that the judgment was examined, that the defendant did not agree with the victim until the trial was held, and that the damage of the victim has not been recovered.

On the other hand, however, considering the fact that the defendant recognized the crime of this case, the defendant has no record of punishment for the same crime, the circumstance pointed out by the prosecutor appears to have been determined by imposing community service order after considering all of the court below's circumstances, and other sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, it is difficult for the prosecutor to accept the above argument of the prosecutor.

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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