beta
(영문) 인천지방법원 2016.12.28 2016노4190

절도

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. Although there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and reflects the fact that the defendant committed the crime of this case without being aware of it during the repeated crime period, the fact that the defendant was punished for the same kind of crime, the injury was not recovered to the trial, and there is no special change in circumstances after the decision of the court below, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, occupation and environment, motive and circumstance after the crime, etc., are considered as being favorable to the defendant, the sentence of the court below is too unreasonable even if considering the circumstances favorable to the defendant as seen earlier.

Therefore, we cannot accept the defendant's above assertion.

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