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(영문) 대구지방법원 2016.10.07 2014노4683
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of three million won) declared by the lower court is too unhued and unreasonable.

2. The judgment of the defendant has been subject to four times punishment for the same kind of crime. In particular, on October 11, 2012, the defendant was sentenced to two years of imprisonment by the Daegu District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on March 5, 2014 and committed the instant crime without being involved in the crime even though the execution of the sentence was completed in the Daegu Detention House on March 5, 2014. However, it is against the defendant's confession of the instant crime. Meanwhile, the instant crime was committed by bringing the cell phone located on the floor so that the defendant was committed so that it was not serious, and it was returned to the victim, and the damage was recovered as soon as possible, and the defendant's age, character and behavior, environment, the motive and background leading up to the instant crime, its means and consequence, the result, etc. after the instant crime, and all the records and arguments stated in the judgment of the court below cannot be justified, and the prosecutor's allegation is without merit.

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

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