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(영문) 부산지방법원 2014.01.23 2013노1799
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. The judgment of the court below is that the defendant was subject to juvenile protective disposition and criminal punishment several times for the same thief crime, and that the crime was committed again in the course of performing community service order at both sides of the same thief crime, and that the nature of the crime is not less than that of the crime. In light of the defendant's military power and character and behavior, etc., the defendant's risk of recidivism also seems to be high, or that the defendant sent an uneasy growth process, such as the defendant's growing back to the same group without his parents or other guardians, and leaving high school because he was unable to adapt to school life, and he was unable to adapt to high school life. After the crime of this case was committed immediately after the crime of this case, the crime of this case was returned to the victim of handphone who was immediately stolen, and it is reasonable to view the punishment of the court below as proper.

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

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