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(영문) 인천지방법원 2013.07.25 2013노1515
특정범죄가중처벌등에관한법률위반(절도)
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant confessions, and that the stolen goods are returned immediately after the crime of this case, and there is no property damage, etc. are favorable circumstances.

However, the Defendant committed the instant crime during the period of repeated crimes, as well as the history of having been sentenced to punishment for the same kind of crime, and thereby committed the instant crime. The instant crime by pretending to be imprisoners, thereby stealing other articles that have been distributed to the mixed share, and thus, is very poor in the quality of such crime. The statutory punishment for the instant crime is "a limited term of not less than three years or imprisonment for life". The lower court’s choice of a limited term of imprisonment, and sentenced the lowest sentence to mitigation, and it is not recognized that the sentence imposed by the lower court is unreasonable in light of all the sentencing conditions known through the records of the instant case.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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