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(영문) 창원지방법원 2016.06.16 2015노3007
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of probation, two years of probation, observation of protection, and 80 hours of community service in October) is deemed to be too uneasy and unfair.

2. In light of the defendant's age, it is reasonable to give the defendant an opportunity to return to a sound social person in light of the fact that the extent of damage is not small, the number of crimes is up to five times, the defendant has the record of having committed the same kind of crime at the time of juveniles, and the defendant has been detained for two months at the court below, and the defendant has committed the crime and has committed the crime against the defendant's mistake. The defendant has no record of crime exceeding the same kind or fine for a considerable period after becoming an adult, and there is no opportunity to return to a sound social person in light of the defendant's age. The fact that the defendant is currently employed in work and works in good faith is a favorable reason for sentencing.

In full view of the above sentencing factors, in light of the Defendant’s environment, the background of the crime, the method of the commission of the crime, and all other factors pertaining to the sentencing indicated in the records and arguments of this case, the prosecutor’s assertion is without merit, since the judgment of the court below is deemed appropriate.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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