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(영문) 수원지방법원 2014.01.23 2013노5553
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s sentence (one million won of a fine) is too unhutiled and unreasonable.

2. In full view of various circumstances, including the fact that the defendant's old age is in a situation where the judgment ability is significantly lacking due to dementia, the degree of damage of this case is minor, victims do not want punishment against the defendant, and the defendant's age and working environment, etc., the court below's sentencing should be reversed and it is not deemed unfair, so the prosecutor's assertion is rejected.

3. According to the conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. (However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, Article 55 (1) 3 of the Criminal Act on the application of the law of the court below is dismissed as "Article 55 (1) 6 of the Criminal Act" and "Article 70 and Article 69 (2) of the Criminal Act (Article 50,00 won per day)" is added to "Article 70 and Article 69 (2) of the Criminal Act" of the column for detention in the workhouse. It is so decided as per Disposition.

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