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(영문) 수원지방법원 2014.12.22 2014노4339
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the imprisonment for eight months, the suspension of the execution of two years, the probation, and the community service order of two hundred hours) is too unhued and unreasonable; and

2. In full view of the following facts: (a) the Defendant’s mistake against himself/herself and would not repeat again; (b) the Defendant deposited 9.10,00 won of the embezzlement of this case for the victim; (c) the Defendant has no criminal power to impose a fine exceeding the last ten years; and (d) the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime; and (c) all the sentencing conditions stated in the arguments of this case, including the circumstances before and after the instant crime, etc., even though considering the fact that the Defendant had been sentenced to punishment by larceny, etc.; and (d) the Defendant had the record of having been sentenced to punishment by larceny, etc.; and (e) the law regarding the instant crime is inadequate, it does not seem that the Defendant’s punishment ordering probation and community service for

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.

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