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(영문) 인천지방법원 2016.12.28 2016노4409

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment with prison labor and four months of imprisonment with prison labor for the remaining crimes) is too unreasonable.

2. The judgment of the court below is against the defendant's wrong recognition of his mistake, the theft of September 2014 among the crimes of this case is to consider the equity between the final and conclusive judgment and the latter concurrent crimes of Article 37 of the Criminal Act at the time of original judgment in relation to the crime of larceny and the latter concurrent crimes of Article 37 of the Criminal Act, and the fact that the crime of this case seems to have been committed due to economic difficulties, etc. However, most of the crimes of this case are crimes committed during the period of repeated crime, there are many punishments punished for the same crime, there are no special changes after the sentence of the court below, and there are no special changes in circumstances after the sentence of the court below, and there are no other factors in relation to the defendant's age, character, character, occupation and environment, motive and circumstance of the crime and circumstances after the crime, etc., even if the circumstances favorable to the defendant prior to the judgment below were considered, it cannot be deemed unfair because the sentence of the court below is too unreasonable.

Therefore, we cannot accept the defendant's above assertion.

3. In conclusion, the defendant'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.

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the first head of the judgment below’s “criminal facts” means that “the defendant was sentenced by the Incheon District Court on March 24, 2015 to a punishment of one year and two months for fraud, and the execution of the sentence was terminated on February 1, 2016” means that “the defendant was sentenced by the Incheon District Court on March 24, 2015 to a punishment of one year and two months for fraud, and the judgment became final and conclusive on April 1, 2015, and the execution of the sentence was terminated on February 1, 2016.”