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(영문) 인천지방법원 2017.12.21 2017노4058
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the punishment prescribed by the court of the original instance (three years of imprisonment) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

There are no criminal records of the same kind, and the criminal records of the four fines are relatively minor.

There is a delay in the elderly, and there is also a situation in which family appeals about the wife.

However, the criminal liability of the defendant is not against the law.

It is a large amount of damage exceeding KRW 1.2 billion.

Most of the damages were not recovered.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, it shall not be deemed that the lower court’s punishment is too unreasonable.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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