beta
(영문) 인천지방법원 2012.01.13 2011노4022

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The sentenced sentence of the court below (two years of imprisonment) is too unreasonable.

2. The following facts are examined: (a) the Defendant led to the confession of the facts charged; (b) the Defendant does not good quality of the crime of this case, such as theft of property by habitually intrusioning the residence, etc. (the crime of several laws that are identical before the suspension of the execution of the previous larceny is also committed); (c) the victim is also a large number of victims; (d) the amount of damage was not recovered, except the cash partially temporarily returned (which is less than 2 million won), there is no agreement with the victims; and (e) the various sentencing conditions prescribed in Article 51 of the Criminal Act, such as the records and arguments, such as the circumstances after the Defendant’s age, happiness, family environment, etc., do not seem to be unfair, examining the sentence imposed by the lower court against the Defendant.

3. According to the conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.