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(영문) 수원지방법원 2014.07.03 2014노1625
절도
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the following: (a) the Defendant was sentenced to a suspended sentence of four years and six months on December 3, 2010 for the crime of attempted special robbery on December 3, 2010, and was sentenced to a suspended sentence of four years and six months; (b) the Defendant committed the instant crime without being aware of the nature of the crime; (c) however, (d) KRW 431,00 in cash is relatively minor in terms of the amount of damage; (d) the Defendant was temporarily returned to the victim; (e) the Defendant recognized the instant crime; and (e) the Defendant reflects his mistake; and (e) other circumstances leading to the Defendant’s age, character and conduct, home environment, and the Defendant’s crime, which led to the reversal of the sentencing of the lower court, the Prosecutor’s assertion is without merit.

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.

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