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(영문) 인천지방법원 2015.09.24 2015노2259
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (six months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant not only has the record of being subject to multiple juvenile protective disposition by theft and fraud, but also has been sentenced to a suspended sentence of imprisonment with prison labor due to the same criminal act (Fraud, etc.), the fact that the damage has yet to be recovered or there is no agreement with the victims is disadvantageous, or it is more favorable that the defendant is led to confession, and that the amount of damage has not been relatively significant.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, character and conduct, the motive, means and method of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is deemed unreasonable as it is too unjustifiable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

(However, it is clear that the “a summary of evidence” of the judgment below is the error of Defendant E’s legal statement on January 1, 200, and thus, it is corrected ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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