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(영문) 인천지방법원 2013.11.01 2013노2620
절도등
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 punishment against the Defendant is too unreasonable.

2. In light of the following: (a) the Defendant recognized all of the instant crimes and against his mistake; and (b) the amount of damage caused by each of the instant crimes is relatively large; and (c) if the lower judgment becomes final and conclusive, there are circumstances that the former suspended sentence should be imposed by imprisonment with labor for not more than six months, which was invalidated and postponed.

However, in light of the following: (a) the Defendant was sentenced to imprisonment with prison labor for 6 months in Seoul Southern District Court on June 19, 2013 and one year in probation period for larceny, etc.; and (b) the Defendant committed each of the instant crimes after 15 days from the date of the above sentence without being aware of it; (c) the Defendant was unable to agree with the victim and did not make any effort to recover damage; and (d) other various sentencing conditions in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the commission of the crime, the Defendant’s sentence against the Defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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