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(영문) 대구지방법원 2014.09.24 2013노3577
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unfilled and unreasonable.

2. It is recognized that the Defendant did not make efforts to recover from damage without agreement with other victims, in addition to the fact that the crime of this case, which stolen property by intrusion upon another person’s residence several times, is not good, and that the Defendant did not make efforts to recover from damage, etc.

However, in full view of the following circumstances: (a) the Defendant led to the instant crime and reflects his mistake; (b) the amount of damage is relatively minor; (c) the victim agreed to the Defendant’s wife against the Defendant; (d) partial larceny was recovered; and (e) there was no record of criminal punishment for the same kind of crime except for the Defendant’s one-time suspension of indictment due to a special larceny; and (e) other circumstances that form the conditions for sentencing as indicated in the argument of the instant case, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentence is too unjustifiable and unreasonable.

Therefore, prosecutor's assertion is without merit.

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

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