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(영문) 대전지방법원 2016.11.24 2016노2588
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., e., imprisonment with prison labor for one year and two months, and confiscation) of the lower court against the Defendant is deemed unreasonable.

2. In light of the following: (a) the nature of the instant crime is not good; (b) the fact that the Defendant was punished several times due to the larceny, etc.; (c) the Defendant led to the confession of the instant crime; (d) the victim D does not want the Defendant’s punishment; and (e) other 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 instant crime; and (e) other factors after the commission of the crime, it cannot be deemed that the Defendant’s punishment against the Defendant is too unjustifiable and unreasonable; and therefore

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.

(However) In accordance with Article 25(1) of the Rules on Criminal Procedure, each of the "for example, the list of crimes" and "for example, the list of crimes" in Section 2 of the judgment of the court below in accordance with Article 25(1) of the Rules on Criminal Procedure and Section 5 of the judgment of the court below shall be corrected as the list of crimes (1) of each "for example, during No. 2 of the judgment of the court below, the list of crimes" and the list of crimes in Section 11 of the judgment of the court below.

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