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(영문) 창원지방법원 2014.09.25 2014노1641
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the grounds for appeal asserts that the punishment imposed by the court below (one hundred months of imprisonment and confiscation) is too unhued and unreasonable.

2. The instant case is a case where the Defendant habitually stolen or attempted to steals another’s property over 17 occasions, and the Defendant opened a corrective entrance and intrudes on a restaurant, and the commercial building in the market was inflicted an injury by taking advantage of the face of the victim P, which has been flooded, and the case is not easy in light of the frequency and method of the crime. The Defendant already committed the same or similar crime, and each of the instant crimes is committed during the period of repeated crime due to the same or similar crime, and thus, the Defendant needs to be punished.

However, in light of all the circumstances, such as the defendant's age, character and conduct, occupation and environment, family relationship, circumstances after the crime, etc., and the conditions for sentencing as shown in the records and arguments, it cannot be deemed unfair since the sentence imposed by the court below is too unjustifiable, and the prosecutor's assertion is groundless, since the defendant's punishment imposed by the court below is too unjustifiable.

3. The appeal by the prosecutor of the conclusion is dismissed on the ground that it is without merit. It is so decided as per Disposition.

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