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(영문) 대전지방법원 2016.04.07 2015노2874
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3 million) against the Defendant is too unhued and unreasonable.

2. The judgment of the defendant committed each of the crimes of this case during the period of suspended execution due to the same crime, but there are circumstances to consider the defendant's living conditions as being affected by each of the crimes of this case. The victim C and E did not want to be punished against the defendant. In full view of the defendant's age, sex, environment, motive, means and consequence of the crime, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive and consequence after the crime, it cannot be deemed unfair since the court's punishment against the defendant is too unfeasible. Thus, the prosecutor's improper assertion of sentencing is without merit.

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

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