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(영문) 인천지방법원 2016.11.04 2016노3060
절도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (three million won of a fine) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

While there are favorable circumstances for the defendant, such as the fact that the defendant acknowledges and reflects his mistake, the degree of damage is relatively minor, and the damaged goods have been returned to the victim, the defendant has a history of criminal punishment for the same kind of crime, and the defendant has committed the crime of this case at another time without being aware of the period of repeated crime due to robbery, etc., and there are unfavorable circumstances for the defendant, such as the defendant's age, character, character, environment, environment, family relationship, details, motive, means and consequence of the crime, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, are considered appropriate, and it is not recognized that the punishment imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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