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(영문) 청주지방법원 2014.11.21 2014노1018
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The fact that the Defendant committed the instant crime during the period of parole after the Defendant was released from parole while serving for larceny, etc., and that no agreement has been reached with the victim on the grounds for appeal is unfavorable to the Defendant.

However, the Defendant is against the recognition of the instant crime, and the Defendant’s act was committed as a monthly salary in the office of the victim when he was on duty after parole, and did not receive any urgent living expenses required for the funeral, and the Defendant appears to have committed the instant crime by contingency. Considering various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, family relation, background and motive of the crime, and circumstances after the crime, etc., it cannot be deemed that the lower court’s punishment (six months of imprisonment) is too unjustifiable and unreasonable.

2. 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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