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(영문) 인천지방법원 2017.06.02 2017노1404
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Although there are circumstances that may be taken into account the circumstances leading to the commission of the crime, the Defendant was sentenced to suspension of indictment for the same type of crime in 2015, and the Defendant was subject to suspension of indictment for the crime of forging securities; the crime of this case was committed as intrusion larceny; the nature of the crime is not good; the damage was not recovered or the victim did not reach an agreement; there was no special circumstance or change of circumstances that may be considered in the sentencing additionally after the judgment of the court below was rendered; and there are other various circumstances that are conditions for sentencing as indicated in the records, such as Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed unfair because the lower court’s punishment is too excessive.

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

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