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(영문) 인천지방법원 2020.09.17 2020노1659
특정범죄가중처벌등에관한법률위반(절도)
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the lower court’s punishment is too unhued and unreasonable, on the grounds that the Defendant is too unreasonable.

2. The fact that the Defendant committed the instant crime as well as the victims’ damages have not been recovered due to the fact that the Defendant had been punished several times for the same crime, even though having been sentenced to punishment, is an unfavorable circumstance to the Defendant. On the other hand, the Defendant’s confession and reflects all the instant crimes, and the fact that the amount of individual damages is not much significant is favorable to the Defendant.

The above circumstances are as follows: (a) comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the Defendant’s age, health status, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the lower court’s punishment is too heavy or unreasonable; and (b) thus, the Defendant and the prosecutor’s assertion is not acceptable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since the judgment of the court below omitted a list of crimes in attached Form, it shall be corrected to add a list of crimes in attached Form of this judgment ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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