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(영문) 인천지방법원 2017.09.28 2017노2916
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the sentence imposed by the court below (2 years and six months of imprisonment, and confiscation) is too unreasonable.

2. It is recognized that the instant crime was committed by the Defendant after having been sentenced to imprisonment more than three times for the larceny crime, and that the Defendant recognized and reflected the instant crime, and that the damage to the instant crime was not significant.

However, even though the Defendant had been sentenced several times of imprisonment for the same crime, the Defendant committed the instant crime repeatedly after being released from prison without being aware of it during the period of repeated crime, and again committed the instant crime again at one time again after being released from prison, the Defendant destroyed lockeds with the cutting machines, and thereby, was stolen cash that the victims had kept for funeral on the following day, in light of the criminal law and the circumstances, etc., and the quality of the crime is not good, and the victims have not recovered from the victims up to the trial, and in full view of all other circumstances, including the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court 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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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