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(영문) 광주지방법원 2015.02.05 2014노3063
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unfased and unreasonable.

2. On May 14, 2014, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, two years of suspended sentence, two years of probation, community service, and 120 hours of probation, and 40 hours of order to attend a course at the Suwon District Court, which became final and conclusive on May 22, 2014, and the Defendant committed the instant crime even though he/she had been in the period of suspended execution, and even if he/she had not been aware of it, and even if he/she had been in the period of suspended execution, he/she committed the instant crime. In light of the applicable law, period, frequency, etc. of the instant crime, the crime is not good,

However, in light of all the sentencing conditions in the instant case, such as the circumstance and result of the instant crime and the circumstance after the instant crime, the lower court’s punishment is too unreasonable, and thus, the Prosecutor’s assertion is without merit, on the grounds that the Defendant’s age is relatively small, the Defendant’s family environment, which was not properly received through care of her family at the Gosiwon level, and the Defendant’s home environment appears to have affected the instant crime.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (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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