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(영문) 대전지방법원 2014.11.06 2014노2376
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (seven months of imprisonment) shall be deemed excessively unhued and unreasonable.

2. Determination is an unfavorable circumstance that the Defendant again went to commit the instant crime during the period of repeated crime due to the same criminal record, and that the Defendant did not recover from damage.

However, in light of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstance before and after the crime, etc., it seems that the Defendant’s wife appears to go out of the crime of this case to raise living expenses and hospital treatment expenses, the damage amount of larceny is relatively minor, when the Defendant is placed in detention for a long time, and the Defendant’s wife appears to bring about various difficulties in living, in particular, to the Defendant’s wife. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive

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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