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(영문) 인천지방법원 2014.10.02 2014노1550
절도미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year of imprisonment with prison labor for four months and one year of suspended execution) against the Defendant in the summary of the grounds for appeal is deemed unreasonable.

2. In full view of the following factors: (a) the Defendant had the previous department five times the previous department; (b) the number of crimes with the previous department and the number of crimes of this case are identical, etc. that are disadvantageous to the Defendant; (c) the Defendant is led to confession; (d) the Defendant could have been detained due to the instant crime; (c) the Defendant could have an opportunity to reflect; (d) the Defendant did not have any profit acquired by committing the instant crime; (d) the Defendant did not have any history of having been punished by a fine or heavier; and (e) the Defendant did not have any other factors of sentencing, such as the Defendant’s age, character and conduct

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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