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(영문) 부산지방법원 2014.11.20 2014노3579
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 80 hours of community service) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment of the court below is reasonable in light of the following circumstances: (a) the Defendant had the same criminal records several times; and (b) the Defendant committed repeatedly against a large number of victims; (c) the amount of individual damage is not much; (d) the instant crime committed in order to prepare the treatment expenses of the acute stimulal stimulosis that the Defendant suffered; and (e) there are some circumstances to consider the motive and circumstance; (e) there are no changes in circumstances that may be considered in sentencing; and (e) there are no other circumstances that may be considered in sentencing, such as the motive and circumstance of the instant crime, the Defendant’s age, character and conduct, and the environment.

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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