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(영문) 인천지방법원 2016.05.19 2016노909
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The crime of this case committed by the Defendant, who has many records of the same crime, was punished by imprisonment with prison labor for not less than three months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and was released from prison, and thus, was stolen or attempted by intrusion on room or residence, and the criminal liability of the Defendant is not minor.

The lower court determined a sentence against the Defendant within the scope of the sentencing guidelines, taking into account the circumstances that the instant crime was committed by living together, the amount of theft damage is not significant, and the favorable circumstances that the victims of larceny do not want punishment, and there is no change in circumstances that may consider the sentencing after the sentence of the lower judgment.

In full view of the various circumstances, including these circumstances, including the Defendant’s age, sex, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, it is not recognized that the lower court’s punishment is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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