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(영문) 인천지방법원 2018.02.21 2017노4134
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years and six months of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized the crime of this case, the amount of damage is not significant, and certain damage is confiscated and returned to the victim, etc. However, the defendant committed the crime of this case again during the period of the same repeated crime not exceeding 20 times including a large number of punishment for the same kind of crime, and the defendant committed the crime of this case again during the period of the same repeated crime not exceeding 2 weeks since the release was made, the victim's credit card was enlarged, there was no specific effort to recover the damage, there was no circumstance agreed with the victims, and there was no other circumstance agreed with the victims, the defendant's age, sexual behavior, environment, health conditions, motive and circumstance of the crime, method and method of the crime of this case, and other circumstances that form the elements of the punishment as shown in the records and arguments of this case, it is not unreasonable to accept the defendant's allegation of the punishment of the crime of this case.

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.

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