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(영문) 인천지방법원 2018.07.18 2018노491
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (one year of imprisonment with prison labor, two years of suspended execution, observation of protection, and 120 hours of community service) is too unfluent and unfair.

2. We examine the judgment, and consider the various sentencing conditions as shown in the records and arguments of this case, even if considering the circumstances alleged by the prosecutor on the grounds of appeal, the lower court’s sentence is too unfasible and unreasonable.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the prosecutor’s appeal is without merit, and it is so decided as per Disposition (Provided, That according to the prosecutor’s application for correction of indictment, Article 25(1) of the Rules on Criminal Procedure, the part regarding “2017.” in the 11th sentence of the judgment below’s 5th sentence shall be corrected to “2015.”

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