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(영문) 인천지방법원 2013.12.20 2013노3035

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one year and six months of imprisonment, confiscation) imposed by the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The judgment of the court below made a confession of the crime of this case and reflects against the defendant, and the damage caused by the crime of this case is relatively minor, and it appears to be a living crime in light of the circumstances favorable to the defendant, or in light of the frequency and method of the crime of this case, it is not good that the defendant has committed the crime of this case, and the defendant has been punished four times (two times of imprisonment, one time of suspended sentence, one time of fine) due to the same criminal record, and the defendant has committed the crime of this case during the period of repeated crime for the same criminal record, and in particular, the crime of larceny another person's property habitually commits the crime of this case is punishable by imprisonment with prison labor or imprisonment with prison labor for not less than three years, and in full view of all the records and arguments of this case including the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, etc., and the circumstances after the crime, the above assertion of unfair sentencing is not reasonable and reasonable.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.