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(영문) 인천지방법원 2013.12.27 2013노3195
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (two years of imprisonment) against the Defendant is too unreasonable.

2. We examine the judgment, and the fact that the defendant recognized all of the crimes of this case and reflected his mistake is favorable to the defendant.

However, the crime of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes is punished by imprisonment with prison labor for life or for not less than three years. The court below seems to have set the punishment after mitigation in consideration of the favorable circumstances as seen earlier, and there is no change in circumstances to take into account such as agreement with the victims up to the trial. The defendant committed each of the crimes against many victims, and the total amount of damage incurred therefrom is about 27 million won, and the defendant has a history of being punished several times for the same crime. In particular, the defendant has a history of being punished several times for the same crime, and in light of the fact that the defendant's age, family environment, and circumstances before and after the crime, etc., the defendant'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 as it is without merit. It is so decided as per Disposition.

(However) However, it is obvious that the “1013” in the second page No. 10 of the judgment of the court below is a clerical error in the name of “2013” and “the date, time, and place of crime No. 15” in the year’s list No. 2013, Jul. 1, 2013,” and “ July 19, 2013,” under Article 25(1) of the Regulations on Criminal Procedure, and thus,

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