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(영문) 인천지방법원 2013.07.05 2013노1503
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and two months of imprisonment) is too unreasonable.

2. Determination is recognized that the Defendant’s health status is not good, and that some damaged goods have been returned to the victim.

However, not only has the record that the defendant has already been punished several times for the same crime, but also there is a very poor quality in the sense that he committed the crime in this case even though he committed a repeated crime due to the same crime, and the sentence against the defendant is determined by fully considering the above various circumstances. In light of the fact that there is no change of circumstances that the court below and the punishment have been different from the original judgment, and other circumstances that are conditions for the argument and the sentencing specified in the records of this case, including the defendant's age, character and behavior, environment, criminal records, circumstances after the crime, motive and circumstance after the crime, etc., the defendant's argument cannot be accepted. Thus, the defendant's argument cannot be accepted.

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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