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(영문) 인천지방법원 2017.07.20 2017노1554

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (one year of imprisonment, confiscation) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

However, the criminal liability of the defendant is not against the law.

There are several criminal records, all of which are larceny (five times of actual punishment, one time of fine). Within three years after release, the theft crime is committed again, and the same repeated crime is committed.

The damages have not yet been recovered.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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