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(영문) 의정부지방법원 2013.04.04 2012노2557
특정범죄가중처벌등에관한법률위반(절도)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal is that the punishment of the original judgment (two years of imprisonment, four years of suspended execution, one hundred and sixty hours of community service, confiscation) is too unhued and unreasonable.

2. The judgment of the court below is justified by taking full account of the following factors: (a) the defendant has the same criminal power in the judgment; (b) the defendant opened the door door of home and committed a crime; (c) the defendant opened a door of home and opened a crime; (d) the majority of the victims and the amount of damage is considerably high; and (e) D, an accomplice was sentenced to imprisonment for 2 years and 6 months; (b) the same criminal power of the defendant was 25 years; (c) the defendant did not appear to have led the crime of this case; (d) the defendant did not appear to have committed the crime of this case; (e) the defendant agreed with some victims; (e) the defendant is deeply against his mistake; and (e) other factors of sentencing as indicated in the instant case, such as the defendant’s age, character and conduct, occupation and home environment; (e) the background

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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