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(영문) 인천지방법원 2014.11.28 2014노3203
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the Defendant committed a large number of crimes in a short term, and did not recover from damage, and that the Defendant committed the instant crime even though he/she had been punished by larceny in 2012, the Defendant committed the instant crime, etc., the lower court’s punishment (two months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) is deemed unreasonable.

2. Taking into account the circumstances asserted by the judgment prosecutor, the degree of damage caused by the instant crime is not significant, the Defendant has no criminal records exceeding fines, the Defendant again commits a crime against his or her will to live together with his or her family, and the Defendant’s mistake is seriously against his or her family. In full view of the motive, background, means and result of the instant crime, the circumstances before and after the instant crime, the Defendant’s personality, conduct, age, environment, family relationship, and other circumstances that form the conditions for sentencing indicated in the instant records and arguments, such as the Defendant’s personality, conduct, age, family relationship, and criminal records, the sentence imposed by the court below is too unjustifiable and unreasonable.

The prosecutor's assertion is without merit.

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

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