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(영문) 인천지방법원 2017.06.28 2017노1612

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing each of the instant crimes, was in a state of mental and physical weakness by drinking alcohol.

B. The sentence sentenced by the court below to the defendant (one year of imprisonment and confiscation) is too unreasonable.

2. Determination

A. In light of the developments, contents, means, and methods of each of the instant crimes, and the circumstances before and after the instant crime, etc., the Defendant had a mental and physical weak condition at the time of each of the instant crimes.

Therefore, this part of the defendant's assertion is without merit.

B. Considering the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable even if there is no change of circumstances that may be considered in the sentencing after the lower judgment’s determination on the unfair argument of sentencing, and the various conditions of sentencing as shown in the records and arguments of this case are considered.

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