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(영문) 인천지방법원 2015.05.15 2014노4070
특수절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one month of imprisonment, two years of suspended execution, two years of probation, and 40 hours of social service) is too unhued.

2. The judgment is based on the fact that the defendant has been punished for a majority of the crimes of the same kind, and that the defendant committed the crimes of this case in a planned manner, and that the crime is not good.

However, in light of the fact that all of the crimes of this case are recognized by the defendant, that the defendant agreed with the victims, that the circumstance pointed out by the prosecutor appears to have been determined by issuing probation and community service order after considering all of the judgment below, and that the defendant had been detained for about two months due to the crime of this case, and that the time of reflection has been shown. In addition, considering all of the sentencing conditions stated in the arguments of this case, such as the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime of this case, the sentence imposed by the court below is too uneasible, and thus, the prosecutor's above 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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