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(영문) 인천지방법원 2016.09.23 2016노3015
절도미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (six months of imprisonment) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too unfeasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

On the other hand, even if the defendant committed each of the crimes of this case without being aware of the repeated crime period due to the same kind of crime, even if he committed the crime continuously after being arrested and released as of this case, there is a significant risk of recidivism. Considering all the sentencing conditions indicated in the arguments of this case, such as the defendant's age, sex, environment, family relationship, circumstances, method, frequency, size, circumstance after the crime, etc., the sentence imposed by the court below is appropriate, too heavy or unreasonable.

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

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