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(영문) 인천지방법원 2014.07.18 2014노1490
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 700,000 and confiscation) is too unhued and unreasonable.

2. The judgment of the Defendant is an unfavorable circumstance to the Defendant that he/she repeatedly committed the instant crime even though he/she had been sentenced to multiple punishments due to the same kind of crime.

However, in light of the fact that the court below was determined by fully considering the circumstances unfavorable to the defendant, and that there seems to exist no changes in circumstances that could vary from the judgment of the court below, the defendant's time of committing the crime of this case and committed a mistake, the total amount of damages is very small to KRW 900,00, and the damaged goods have been completely recovered as the crime of this case was immediately discovered, and other various sentencing conditions in the records and arguments, such as the defendant's age and happiness environment, circumstances before and after the crime, etc., are considered as being too unjustifiable.

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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