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(영문) 인천지방법원 2017.08.25 2017노2169

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year, six months and two months) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the Defendant’s mistake is against the Defendant, and the Defendant appears to have committed the instant crime due to difficulty in living, it is not appropriate to accept the Defendant’s assertion on the following grounds: (a) the victims of the instant special larceny are not recovered from damage; (b) the Defendant repeatedly committed the instant special larceny and fraud during the period of repeated offense despite having served ten times of punishment for the same crime; and (c) other sentencing conditions specified in the records and arguments, such as the Defendant’s age, sexual behavior, environment, etc., in full view of all of the criminal sentencing conditions, such as the Defendant’s age, sexual behavior, and environment, the lower court’s punishment cannot be deemed unfair.

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