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(영문) 인천지방법원 2018.10.04 2018노2502
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the defendant (two years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court of the judgment, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although the Defendant recognized the instant crime, the instant case was committed several times by the Defendant, and where the Defendant intrudes upon another person’s structure or residence for the purpose of theft of property, and there is poor number of crimes or the nature of crimes, and criminal records, including sentence of the same kind of crime, can be imposed. The instant case was repeated during the repeated period of the same crime, except for partial return of damaged articles, and there is no new circumstance to consider the sentencing after the pronouncement of the lower judgment, the lower court did not appear to have agreed with the victims or have recovered from damage, and the lower court sentenced the lowest sentence within the scope of the applicable sentences, and the Defendant’s age and age, Defendant’s health, and the motive, motive, means and circumstances of the crime, etc.

Therefore, the defendant's argument of sentencing is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition (as to the costs of lawsuit, the proviso of Article 186 (1) of the Criminal Procedure Act shall apply).

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