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(영문) 대전고등법원 2015.05.15 2015노128
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year and six months of imprisonment, and two years of suspended execution) is too unhued and unreasonable.

Judgment

In full view of the circumstances that the lower court determined (in particular, the Defendant’s refusal to commit each of the instant crimes, and the Defendant appears to have committed a contingent fire-prevention act, which led to the occurrence of life damage due to the instant fire-prevention act, the Defendant agreed with the victims of larceny and fire-prevention, and the Defendant made efforts to avoid re-offending, such as receiving counseling at the Mental Health Improvement Center after the instant crime, and the Defendant did not have any criminal record) and other circumstances that are the conditions for sentencing revealed by the records, it is not deemed that the sentence imposed by the lower court is too weak.

The judgment of the court below shall not be deemed to have an unreasonable reason, as alleged in the grounds for appeal by the prosecutor.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the prosecutor's appeal is without merit. It is so decided as per Disposition.

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