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(영문) 인천지방법원 2016.06.16 2016노1069
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Taking into account the fact that the Defendant led to the confession and reflect of the crime, the amount of theft damage is not significant, etc., the Defendant was unable to reach an agreement with the victim because damage was not recovered, and the Defendant was punished for the same crime several times. In particular, on April 30, 2014, the Defendant was sentenced to imprisonment on the same kind of crime on the one-year and six months period, and the execution of the sentence was completed, and again discharged during the repeated offense period, and re-off to only one month during the repeated offense period. In full view of the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and other various circumstances that are conditions for sentencing, such as the following circumstances, the lower court’s punishment is too unreasonable.

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.

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