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(영문) 대구지방법원 2014.07.18 2014노400
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. The court below's records of punishment for the same crime are six times (three times in actual punishment, two times in suspended sentence of imprisonment, and one fine). The defendant committed the crime of this case even though he was under suspended sentence due to the same crime, etc. However, considering the fact that the defendant led to the confession of the crime of this case, the degree of damage is not much severe, damage is recovered, and all of the sentencing factors indicated in the arguments of this case, such as the defendant's character and behavior, environment, the background of the crime of this case, and the circumstances after the crime, etc., it is not recognized that the sentence of the court below is too unjustifiable, 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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