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(영문) 대구지방법원 2015.02.13 2014노2745
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for up to eight months and two years of suspended execution) of the lower court is deemed to be too uneasy and unfair.

2. The crime of this case was committed after the defendant shipped out and delivered the goods using the product shipment form, and the contents thereof were not entered in the accounting system for a long time from the victim company to theft the goods, such as the victim company's own will, etc., and the quality of the crime was defective due to intelligence and disturbance, and the extent of damage was not much significant, etc., but it is against the defendant's confession and mistake, and the damage is likely to be restored upon the formation of mediation with the victim company. In full view of all the sentencing factors as shown in the argument of this case, including the defendant's character and behavior, environment, the background of the crime of this case, and the circumstances after the crime, etc., the prosecutor's assertion is without merit.

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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