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(영문) 인천지방법원 2014.03.20 2014노100
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. The judgment that the defendant recognized his mistake and did not repeat the crime is favorable to the defendant. However, even though the defendant had been punished several times due to the same kind of crime, the defendant committed each of the crimes of this case habitually even though he was under repeated crime, and even though he did not agree with the victim and did not recover from damage, the court below seems to have rendered a maximum sentence of imprisonment with prison labor (one year and six months), which is sentenced to discretionary mitigation (one year and six months), considering sufficient circumstances favorable to the defendant, and there is no special change of circumstances that may vary from the judgment of the court below. Considering the motive and circumstance leading to each of the crimes of this case, circumstances leading to each of the crimes of this case, the age, character and behavior of the defendant, environment, occupation and family relation, the punishment imposed by the court below is too unreasonable.

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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