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(영문) 부산지방법원 2013.06.21 2013노374
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in that the sentence of two years of suspended execution, one year of probation, which is too unhued in the six-month period of imprisonment sentenced by the court below.

2. It is recognized that the accused can have been sentenced to a fine or suspended indictment for a crime of the same kind before.

However, in full view of all the circumstances, including the fact that the Defendant recognized all of the instant crimes, the amount of damage, the amount of damage was not relatively large, the damage was returned to the victims, the Defendant did not have been sentenced to a suspended sentence or heavier punishment for the same kind of crime before, and the Defendant was detained for about 50 days due to the instant crime, and the Defendant’s age, environment, occupation, family relationship, and the circumstances leading to the instant crime, etc., which are the conditions for sentencing as indicated in the records, the sentence of the lower court is unreasonable.

The prosecutor's above assertion is without merit.

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

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