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(영문) 울산지방법원 2014.07.18 2014노379
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year of imprisonment with prison labor for four months and one year of suspended execution) is too uneasy and unreasonable.

2. Although there are unfavorable circumstances such as the Defendant’s failure to agree with the victim, considering the following: (a) there is no particular history of criminal punishment other than the same juvenile protective disposition; (b) the amount of damage is relatively small; and (c) the Defendant’s age is still against the Defendant’s crime of this case through a prison life for more than one month; and (d) the Defendant’s age, character and behavior, living environment, motive, means and consequence of the crime of this case, and all other circumstances constituting the condition of sentencing, such as the Defendant’s age, character and behavior, living environment, motive, means and consequence of the crime, etc., it cannot be deemed that the sentence of

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

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