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(영문) 창원지방법원 2016.12.08 2015노2769
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal in the judgment of the court below is unreasonable because the punishment of a fine of KRW 500,00 is too unhued.

2. We examine the judgment, and the fact that the defendant had four identical criminal records to the defendant is the reason for the unfavorable sentencing, and the defendant is against the confession of the crime, and the fact that the defendant agreed with the victim is the favorable reason for the sentencing.

In full view of the above sentencing factors, in light of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing indicated in the records and arguments in this case, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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