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(영문) 인천지방법원 2011.04.15 2011노650
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) declared by the court below is too unhued and unreasonable.

2. In light of the following circumstances: (a) the Defendant was sentenced to imprisonment with prison labor for the same kind of crime, and (b) the Defendant was sentenced to imprisonment with prison labor for the same crime; and (c) the Defendant committed the instant crime on a planned and repeated basis only two months after his release from prison for a long period of time; (b) on the other hand, the Defendant’s allegation is without merit, as it appears that the instant crime was committed for the purpose of seeking medical treatment in his wife with poor economic difficulty; (c) the amount of damage appears to be very serious; and (d) the amount of damage may not be deemed to be considerably significant in terms of KRW 1,926,00; and (d) other circumstances, including the Defendant’s age, character and conduct, the background and circumstances after the instant crime, etc., as well as the conditions of sentencing as indicated in the arguments and the record, it is not recognized that the Defendant’s punishment imposed by the lower court is too unreasonable.

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

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