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(영문) 인천지방법원 2018.02.02 2017노4352
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized the instant crime, thereby contravening his mistake, and the amount of damage suffered by the victim is relatively little.

The Defendant suffered from severe mental illness, and has a bad health condition, such as fingers and mathy, etc. It seems that the Defendant committed the instant crime with a view to maintaining livelihood in an economically uneconomicly difficult state after being released from the final prison.

However, the crime of this case, in collaboration with C by the defendant, steals money and valuables by using the gap in which the victim was locked in the previous vehicle, and the case is somewhat weak in light of the circumstances, methods, etc. of the crime.

subsection (b) of this section.

From the late 10th century, the Defendant began to commit the larceny crime and received juvenile protective disposition several times, and has served five times for the same crime, but the last convict life has been completed in 7 months, and the object and method of the crime committed the crime of this case similar to that of the previous one. In addition, the Defendant did not take all measures to recover damage up to now.

In full view of such various circumstances, Defendant’s age, sexual conduct, environment, motive, means, and consequence of the instant crime, and various sentencing conditions as indicated in the instant records and arguments, it cannot be deemed unfair for the lower court to render the Defendant a sentence with the highest sentence of punishment by law after mitigation of volume.

Therefore, the defendant's assertion is not accepted.

3. 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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