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(영문) 대전지방법원 2014.12.17 2014노1114
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (e.g., a fine of one million won) sentenced by the court below is too unfluent.

Judgment

Each of the crimes of this case is an unfavorable circumstance where the defendant invadedd into the publicly notified telecom wherein the victims live and stolen assets, such as cash, credit cards, precious metals, etc., and committed four times during the short period of time, and there is a need to strictly punish the defendant by means of means of planned and interview and interview. The fact that there is no agreement with the victims or there is no recovery of damage.

However, in full view of all other circumstances, such as the Defendant’s age, character and behavior, environment, motive and circumstance leading to the instant crime, circumstance before and after the instant crime, etc., the lower court’s punishment is too small, and the Defendant did not seem to be unreasonable, and thus, the Prosecutor’s aforementioned assertion is without merit, on the ground that it is difficult to deem that the Defendant’s punishment is too unreasonable, in light of the following circumstances: (a) there is a need to allow the Defendant to enter the instant crime as healthy members of society by taking advantage of the aforementioned circumstances; (b) the Defendant’s primary offender who has no record of criminal punishment; and (c) the Defendant’s age, character and character, environment, motive and circumstance leading to the instant crime; and (d) etc.

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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