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(영문) 서울중앙지방법원 2015.01.09 2014노4551
특정범죄가중처벌등에관한법률위반(절도)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the prosecutor’s grounds for appeal, the Defendant’s same criminal records, the content of the instant crime, etc., the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is deemed unreasonable.

2. The offense of larceny by the defendant who intrudes on his/her residence, etc. repeatedly is heavy;

However, in full view of the following circumstances: (a) the Defendant led to the confession of the facts of crime and reflects the mistake in depth; (b) the amount of damage caused by the instant crime does not seem to be significant; (c) the Defendant’s family support; and (d) the Defendant’s age, character and conduct, motive, means and consequence of the instant crime; and (c) other circumstances constituting the sentencing conditions specified in the records and pleadings, such as the circumstances after the crime, etc., it is not recognized that the lower court’

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

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