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(영문) 인천지방법원 2013.11.01 2013노2507
절도
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 (eight months of imprisonment) against the Defendant is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case as well as reflects his mistake, that the defendant has no record of punishment exceeding the fine, and that the defendant is a person with a disability of class 3 of intellectual disability.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that could differ from the judgment of the court below, such as the agreement with the victim when the defendant was in the first instance trial, each of the crimes in this case is not good that the defendant committed a large number of larceny repeatedly in a short time, the fact that the defendant was punished for the same crime, the fact that the defendant had the record of punishment for the same crime, and other various sentencing conditions in the records and arguments, such as the age, home environment of the defendant, and circumstances before and after the crime, it is not recognized that the 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 as it is without merit. It is so decided as per Disposition.

(However, since it is obvious that the "P" in the fourth sentence is a clerical error in the "AO" in the reasoning of the judgment below, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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