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(영문) 부산지방법원 2014.12.23 2014노3305
야간건조물침입절도미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that a series of crimes by the Defendant committed by the summary of the grounds of appeal are not less and less than that of the offense itself, and that there is no agreement with the victims, the sentence of the lower court (two years of suspended sentence in October) is too uneasy and unreasonable.

2. In light of the unfavorable circumstances pointed out by the Prosecutor, it is necessary to issue a warning to the Defendant, but the Defendant is detained for a period of up to two months, and the Defendant has an opportunity to reflect, and the Defendant left the Republic of Korea due to the instant case’s departure from Korea while maintaining the livelihood of the wife and children who have been placed in Uzbekistan, and other various circumstances, such as the Defendant’s age, character and conduct, and environment, which are the conditions for sentencing as indicated in the instant case, it cannot be deemed that the sentence imposed by the lower court is too weak.

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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