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(영문) 인천지방법원 2017.09.08 2017노2404
특정범죄가중처벌등에관한법률위반(절도)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized all of the instant crime, and the mobile phone was returned out of the stolen damage.

The defendant seems to be unable to live alone with his family far away from his family.

However, the crime of this case entered the Gowon room through open door by the defendant, and habitually commits violence to ordinary residents under the influence of theft or alcohol without any particular reason, and requires employees of convenience stores to interfere with the business affairs of the merchants or to kneee with knee, etc., by causing disturbances due to a booming, etc., and insulting the police officers dispatched upon receiving a report. The crime of this case is heavier in light of the background and method of the crime of this autopsy, the frequency of the crime, etc.

Although the Defendant had been punished more than three times for crimes such as theft, fraud, injury, assault, etc., the Defendant began to commit the instant crimes similar to those in the previous, even though he/she had been sentenced to punishment more than three times, he/she was still in the end of his/her last convict life only for one month.

The number of crimes has not been so much and most victims have not recovered from damage.

Even while the defendant is detained in the instant case, it appears somewhat insufficient that his behavior is divided, such as repeated disciplinary action, even though he is repeatedly subject to the violation of discipline, such as fighting.

In full view of such various circumstances and the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and various sentencing conditions as indicated in the instant records and arguments, the lower court’s sentence that sentenced the lower court to the lower court’s minimum sentence cannot be deemed unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. The appeal by the defendant is in conclusion.

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