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(영문) 창원지방법원 2014.02.13 2013노1156
특수절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (two years of suspended execution in six months of imprisonment, two years of probation, and one hundred and twenty hours of community service) is deemed unreasonable as the gist of the grounds for appeal is too unhued.

2. It is recognized that: (a) the Defendant had the record of having been punished twice for the same kind of crime; and (b) the Defendant committed each of the crimes of this case by repeatedly committing each of the crimes, including the theft of this case, even though he was investigated by an investigative agency due to each of the special larceny of this case; and (c) the Defendant committed repeatedly.

However, in full view of all of the criminal acts of this case, the defendant's mistake is deemed to be against the defendant's depth, there is no criminal conviction exceeding the fine, the amount of damage to each of the criminal acts of this case is not significant, the defendant is expected not to repeat the same kind of crime again, and the defendant is hospitalized due to the use of alcohol dependence, etc., and other conditions of sentencing specified in the arguments of this case, such as the defendant's age, character and behavior, intelligence and environment, motive, background, means, method and consequence of the crime, criminal record relation, and circumstances before and after the crime, etc., it is recognized that the sentence imposed by the court below is too unreasonable. Thus, the prosecutor's allegation of unfair sentencing is without merit.

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

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