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(영문) 인천지방법원 2016.12.21 2016노2729
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 300,00) is too unreasonable.

2. Although there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and reflects the fact that the defendant committed the crime of this case due to economic difficulties, the amount of damage is not high, and there is no amount of punishment for the same kind of crime, the damage has not been recovered up to the trial, and there is no special change in circumstances after the decision of the court below, and all the sentencing conditions in the records and arguments of this case, including the defendant's age, character and behavior, occupation and environment, motive and background of the crime, circumstances after the crime, etc., are considered as being favorable to the defendant, the court below's punishment is too unreasonable even if considering the above circumstances favorable to the defendant.

Therefore, we cannot accept the defendant's above assertion.

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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