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(영문) 의정부지방법원 2013.08.29 2013노1138
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and probation) of the lower court is deemed to be too unhued and unreasonable;

2. It is recognized that the number of the crimes in this case are many, the victims were many, the victims were not recovered from damage, the victims did not agree with the victims, the Defendant appears to have a habit of larceny because there are many criminal records in the same kind of crime, and the Defendant committed larceny or embezzlement at the workplace where he was employed or known to him, and that there are disadvantageous circumstances against the Defendant, such as the fact that the Defendant committed larceny or embezzlement at the house of a person who was employed or known to him, and the quality of such crime is poor.

On the other hand, the defendant is still 20 years of age and age. Each of the crimes of this case is finalized with larceny and other concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fairness in the case where he was tried at the same time. It is also acknowledged that the defendant lives in custody for about three months through the trial process of the court below, and that the defendant is breaking his mistake in depth. In addition, considering the background leading to the crime of this case, and all of the sentencing conditions in the records of this case, such as character and behavior of the defendant, method of criminal act, circumstance after the crime, etc., it is desirable to give the defendant an opportunity to correct it once more, and it does not seem that the sentence imposed by the court below against the defendant is unreasonable.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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