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(영문) 수원지방법원 2014.07.10 2014노2664
특수절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A: one year of imprisonment; two years of probation; one year of probation; one year of probation; one year of community service; two years of probation; two years of probation; one year of probation; one year of probation; one year of probation; one year of probation; one year of probation; and 80 hours of community service) is too uneased and unreasonable;

2. The Defendants: (a) stolen mobile phones in which the victim prepared tools to commit the crime; (b) destroyed the lock locking device of the entrance of the store operated by the victim; and (c) did not have the nature of the crime; and (d) did not have any amount of damage; (b) Defendant A and C received the main sentence of the suspended execution for the same crime in 2009; and (c) Defendant A received the main sentence of the suspended execution for the crime of acquiring stolen property in 2013; (d) even if they received the main sentence of the suspended execution for the crime of acquiring stolen property in 2013, the Defendants were in violation of their depth by recognizing their mistake; (c) the victims did not want the punishment of the Defendants; (d) there was no history of punishment exceeding the fine in the case of Defendant B; and (e) there was no other history of punishment exceeding the fine in the case of the Defendants B; and (e) all the the the sentencing conditions and arguments indicated in the records and arguments in the instant case, including the age, character and environment of the Defendants.

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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