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(영문) 인천지방법원 2014.08.08 2014노1389
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s penalty of KRW 5,00,000 (fine 5,000) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was aware of the crime of this case and the defendant was repented of the mistake, and the degree of damage was not significant.

However, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant, and it seems that there was no change in circumstances that would change the circumstances that would be different from the judgment of the court below and the punishment. The crime of this case is committed repeatedly against many victims during this frame, and the nature of the crime is bad. The defendant committed the crime of this case again without being aware of during the grace period even though he was subject to a heavy disposition of suspended execution due to robbery, and did not take measures to recover damage, such as agreement with the victims or deposit money, and other various sentencing conditions shown in the records and arguments, such as the defendant's age, happiness environment, and circumstances before and after the crime, it cannot be deemed unfair since the court below's punishment against the defendant is too excessive.

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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