beta
(영문) 인천지방법원 2016.07.22 2016노1921

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (6 months of imprisonment) against the Defendant is too unreasonable.

2. It is recognized that the defendant recognized the facts of the crime, reflects the depth of the crime, the amount of damage is relatively small, and the investigative agency agreed that the defendant was smoothly punished with the victim. Meanwhile, the defendant has the record of having been punished several times for the same crime. Nevertheless, the defendant again committed the crime of this case during the period of repeated crime due to the same crime, there is no special circumstance or change in circumstances that may be considered for sentencing after the decision of the court below was rendered, and other various circumstances that are conditions for sentencing as shown in the record, such as the defendant's age, sex and sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc. are considered, the defendant's assertion is without merit.

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