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(영문) 서울동부지방법원 2014.11.28 2014노802
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (five million won of a fine) declared by the court below against the defendant is too unhued.

2. The crime of this case was committed in violation of the quality of the crime committed by the defendant on two occasions due to theft, etc. on March 14, 2013. The defendant was sentenced to six months of imprisonment with prison labor on September 7, 2013 and completed the execution of the sentence on several occasions on September 7, 2013. Despite the fact that there was a past record of punishment for the same crime (one time of actual punishment four times of suspended execution, two times of suspended execution, and a majority of fines), there was a crime of the same kind of crime again for two months or less, and there were some circumstances unfavorable to the defendant, such as the fact that the seized part of the damaged article of this case was returned to the victim as well as the restoration of the victim's damage or the failure to receive a letter of use. However, the defendant committed the crime of this case due to his mistake and life, and the amount of damage therefrom was not significant, the circumstances leading to the crime of this case, the motive and circumstances leading to the crime of this case, the circumstances leading to the defendant's occupation and behavior, circumstances, and circumstances, etc.

Therefore, the prosecutor's above assertion is without merit.

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.

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