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(영문) 인천지방법원 2014.11.27 2014노2227
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for four months and one year of suspended execution) is too unhued and unfair.

2. The fact that the defendant did not agree with the victim, and that the nature of the crime is not good in light of the applicable law of the crime, such as inducing the defendant to commit the crime of this case, etc. However, considering the fact that the defendant is against his own mistake and the circumstances before and after the crime of this case, the extent of damage, the age, character and conduct of the defendant, environment, and criminal records, it cannot be deemed that the sentence of the court below against the defendant exceeded the bounds of reasonable discretion in sentencing decision.

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.

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