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(영문) 인천지방법원 2010.10.29 2010노1076

특정범죄가중처벌등에관한법률위반(절도)

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The defendant's appeal is dismissed.

The defendant shall bear the costs of the trial for expert evidence among the costs of the trial.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. We examine the reasoning for appeal. The defendant has been growing up in an influent family environment, and has been living in an economically difficult way. The present situation is not only complaining for mental difficulties, but also is influent circumstances where it is difficult to perform a work due to a physical disorder, all of the crimes were committed, the fact that a large number of damage was committed against attempted crimes, a large number of damage were returned, and the damage was recovered to a certain extent, and one of the victims reached an agreement.

However, in the past, the Defendant committed the same crime without being aware of the fact that he was sentenced to a suspended sentence of ten months for an attempted larceny in December 208, and even though he was sentenced to a suspended sentence of two years for the crime of larceny in December 2008, the Defendant committed the same kind of crime without being aware of it, ② the crime was committed repeatedly in several times within a short period of time, ② the crime was committed repeatedly, and the planned method was used mainly, ③ the total amount of damage caused by the crime was considerable amount, ③ there was no agreement with the victims except for one victim even before the trial, ④ the lower court sentenced the Defendant to a suspended sentence of ten years, taking into account the favorable circumstances for the Defendant, and there was no special circumstance to reduce it in the trial, and the Defendant’s argument that the Defendant’s crime was committed in this case’s age, character and behavior, circumstances, and circumstances after the crime was committed, and thus, the lower court’s argument that the Defendant’s punishment was inappropriate after considering various circumstances that were found in the record.