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(영문) 인천지방법원 2014.10.24 2014노2797
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below against the defendant is too unhued.

2. The judgment below committed the crime of this case without being aware of the fact that the defendant committed the crime of this case without being aware of the fact that the defendant had committed a repeated crime due to the same crime, in light of the attitude of the crime of this case, the crime of this case is also poor, and the defendant recognized the crime of this case and reflects depth, and all damaged items were returned to the victim, the victim did not want the punishment of the defendant, the amount of damage caused by the crime of this case is not significant, the defendant was found to have committed the crime of this case, the defendant was presumed to have committed the crime of this case, the defendant suffered from shock disorder, etc., and there seems to require treatment of the above disease, there is no change in special circumstances or circumstances to be newly considered in sentencing after the decision of the court below, and there is no change in the circumstances or circumstances that are newly considered in sentencing after the decision of the court below, and the motive, means and result of the crime of this case, the motive and result of the crime of this case, and all the circumstances in the arguments and the records after the crime.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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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