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(영문) 춘천지방법원 강릉지원 2014.01.14 2013노546
야간주거침입절도등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (one year of imprisonment, three years of suspended execution, three years of probation) is deemed to be too uneasy and unfair.

In light of the fact that the principal crime of the defendant on board is committed three times in the night, and that the method of the crime is professional, and that there is a force of the sentence and the suspended execution as a result of the same kind of crime, the criminal liability of the defendant is not weak.

However, considering the fact that the amount of damage is not so much and agreed with the victims, that there is no record of crime except that possession has been sentenced to a fine once as the crime of embezzlement of stolen objects after 2005, that there is wrong recognition of and reflects the error, and all other circumstances that form the conditions for the sentencing specified in the instant case, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court cannot be deemed unfair.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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