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(영문) 춘천지방법원 강릉지원 2013.06.25 2013노123
절도
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (two months of imprisonment, two years of suspended execution, two years of probation, community service, 120 hours) is too unhued and unfair.

However, there is no significant amount of light oil that was stolen due to the instant crime, and there is a record of punishment several times with the previous department, and there is a disadvantage to the Defendant.

However, the total amount of damage caused by the instant crime is not much than 1.4 million won, the victims agree with the Defendant and agree with the Defendant, reflective and have the time of self-esteem through confinement life for the remaining one month, and considering all other circumstances, including the Defendant’s age, character and conduct, motive, means and consequence of the instant crime, the circumstances after the commission of the instant crime, etc., the sentencing of the lower court cannot be deemed unfair.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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