beta
(영문) 인천지방법원 2016.11.03 2016노3322

절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (10 months of imprisonment and confiscation) is too unreasonable.

2. Determination is recognized that the Defendant’s confession of a crime and reflects against himself, and that the thief of this case was returned to the victim at the site.

However, in full view of various circumstances, including the Defendant’s age, character and conduct, the environment, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s punishment is too unreasonable, as it is too unreasonable, considering that the Defendant committed the crime of this case during the same crime; the Defendant invaded upon another’s residence and stolen property while taking advantage of hallucinogenic substances; there is a high risk of the crime of this case; and there is no particular change in circumstances to consider the sentencing after the sentence of the lower judgment was rendered; and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime;

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