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(영문) 서울중앙지방법원 2015.10.15 2015노2734
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

The Prosecutor asserts that, on the grounds of the instant appeal, the lower court’s imprisonment (one year and two months of imprisonment) against the Defendant is too unhued and unreasonable.

In light of the fact that the defendant committed the crime of this case on the face of theft, or that there are many records of punishment for the same kind of crime, etc., the quality of the crime is not somewhat weak.

However, the defendant reflects the defendant's mistake in depth, and the crime of this case is only a theft of one cell phone, and the damaged article was temporarily returned to the victim.

In full view of all such circumstances and other circumstances as the Defendant’s age, career, character and conduct, and family environment, the sentencing of the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since it is without merit.

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