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(영문) 창원지방법원 2014.09.24 2014노1348
특수절도
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The fact that the Defendant recognized the instant crime and reflected the mistake is favorable to the Defendant.

However, the total amount of damage from the crime of this case is not less than eight million won, and the amount of theft is not less than the quality of the crime, and the amount of theft is not more appropriate again in the game site; the defendant has been sentenced to a prison sentence and a suspended execution on several occasions due to the same kind of crime; in particular, the lower limit of special larceny has already been sentenced to the lower court’s maximum punishment for a crime of one-year imprisonment, and there is no special change in circumstances that may differ from the lower court’s judgment; the result of the application of the sentencing guidelines by the Sentencing Commission of the Supreme Court [the scope of recommending punishment: from one year to two years and six months] and other various circumstances that form the conditions of sentencing specified in the records and arguments of this case, such as the defendant’s age, character and behavior, environment, circumstances of the crime, means and result after the crime, etc., it cannot be deemed that the lower court’s excessive sentence imposed on the defendant is unreasonable or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided

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