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(영문) 인천지방법원 2018.03.29 2017노3122
절도미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court rendered against the Defendant is deemed to be too uneasible and unfair.

2. In light of the fact that the Defendant had a total number of criminal punishment up to 28 times, and that the Defendant committed the instant crime on the day following the end of the execution of the sentence as a repeated crime due to the same kind of crime, there is a need for strict punishment.

However, if thief damage is caused by theft, it is very minor as a total of 3100 won, and the crime is committed in the attempted crime, and the attitude and result of interference with business are also serious.

In full view of the facts that do not seem, the fact that one’s mistake is in profoundly against his/her will, and other factors of sentencing as shown in the pleadings, such as the defendant’s age, sex, environment, means and methods of crime, results, etc., the sentence imposed by the court below cannot be deemed unfair because the sentence imposed by the defendant is too unfeasible.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 189 of the Criminal Procedure Act on the costs of lawsuit).

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