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(영문) 창원지방법원 2018.08.30 2018노1649
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (7 million won in penalty) is too uneasy and unreasonable.

2. The lower court’s sentencing appears to have been determined by fully considering the various favorable circumstances against the Defendant, and there is no special circumstance to change the sentencing after the lower judgment.

In addition, considering the Defendant’s age, health, sex, environment, background, circumstances after the commission of the crime, etc., various sentencing conditions indicated in the instant records and the theory of changes, the lower court’s punishment against the Defendant is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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