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(영문) 인천지방법원 2014.07.11 2014노1527
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Although there are favorable circumstances such as the defendant's recognition of the crime of this case and his depth and reflects on the degree of damage caused by the crime of this case, and the defendant committed the crime of this case which is economically difficult, the defendant has been sentenced to imprisonment for the same kind of crime, such as the previous record in the judgment of the court below, and the defendant has committed the crime of this case without being aware of it during the repeated period, and the defendant has committed the crime of this case without being aware of it. The crime of this case has been sentenced to imprisonment with prison labor with prison labor for a minimum amount to be mitigated considering the favorable circumstances for the defendant as the crime of three years which is already committed by imprisonment with prison labor. There is no special circumstance or change that can be newly considered in the sentencing after the sentence of the court below, and in full view of all the circumstances, such as the motive, means and result of the crime of this case, the motive and result of the crime of this case, and the circumstances after the crime, etc., the judgment of the court below is proper.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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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