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(영문) 대전지방법원 2013.11.28 2013노2243

The prosecutor's appeal is dismissed.


1. The sentence of the court below (six months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant has the record of having been sentenced to imprisonment with prison labor and a suspended sentence for the same crime, each of the crimes of this case committed during the period of repeated crime due to the same type of larceny crime, not agreed with the victims, and not recovered from damage. However, considering the following factors: (a) although it is recognized that the defendant led to the confession and reflect of each of the crimes of this case; (b) the amount of damage caused by each of the crimes of this case is relatively small; and (c) considering all the sentencing conditions such as the age, character, conduct, environment, and circumstances after the crime, the court below's punishment is too unjustifiable and unreasonable, and thus, the prosecutor's

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